Part 8Investigations

Chapter 2England and Wales and Northern Ireland

Code of practice

I1377 Code of practice F1of Secretary of State etc.

1

The Secretary of State must prepare a code of practice as to the exercise by all of the following of functions they have under this Chapter—

a

F2the Director General of SOCA;

b

F3other members of SOCA's staff;

c

F4in relation to England and Wales, accredited financial investigators;

d

F4in relation to England and Wales, constables;

e

customs officers.

F6f

immigration officers.

2

After preparing a draft of the code the Secretary of State—

a

must publish the draft;

b

must consider any representations made to him about the draft;

c

may amend the draft accordingly.

3

After the Secretary of State has proceeded under subsection (2) he must lay the code before Parliament.

4

When he has done so the Secretary of State may bring the code into operation on such day as he may appoint by order.

5

A person specified in subsection (1)(a) to F7(f) must comply with a code of practice which is in operation under this section in the exercise of any function he has under this Chapter.

6

If such a person fails to comply with any provision of such a code of practice he is not by reason only of that failure liable in any criminal or civil proceedings.

7

But the code of practice is admissible in evidence in such proceedings and a court may take account of any failure to comply with its provisions in determining any question in the proceedings.

8

The Secretary of State may from time to time revise a code previously brought into operation under this section; and the preceding provisions of this section apply to a revised code as they apply to the code as first prepared.

F59

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