SCHEDULES
SCHEDULE 2

Enforcement powers in relation to ships
PART 1

England and Wales

Code of practice
5
1
The Secretary of State must prepare and issue a code in respect of the practice to be followed by English and Welsh constables and enforcement officers when arresting a person under the power conferred by paragraph 4.
2
The code must in particular provide guidance as to the information to be given to the person at the time of arrest (whether about procedural rights or other matters).
3
A failure of a constable or an enforcement officer to comply with any provision of the code does not of itself render the constable or officer liable to any criminal or civil proceedings.
4
The code—
a
is admissible in evidence in criminal and civil proceedings, and
b
may be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.
5
The Secretary of State may at any time revise the whole or any part of the code.
6
The code, or any revision of the code, does not come into operation until the Secretary of State so provides in regulations.
7
Regulations under this paragraph are to be made by statutory instrument.
8
An instrument containing regulations under this paragraph that bring the code into operation may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
9
An instrument containing regulations under this paragraph that bring a revision of the code into operation must be laid before Parliament (if the regulations are made without a draft having been laid and approved as mentioned in sub-paragraph (8)).
10
Where an instrument, or a draft of an instrument, is laid, the code or revision of the code to which it relates must also be laid.
Sch. 2 para. 5 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)