SCHEDULES
SCHEDULE 3Border security
PART 4Codes of practice
56
1
The Secretary of State must issue codes of practice about—
a
training to be undertaken by constables, immigration officers and customs officers who are to act as examining officers or exercise other functions under this Schedule,
b
the exercise by such persons of functions conferred on them by virtue of this Schedule,
c
the video recording (with sound) of interviews by constables of persons detained under Part 1 of this Schedule at a police station, and
d
reviews under Part 3 of this Schedule.
2
An examining officer must perform the functions conferred by virtue of this Schedule in accordance with any relevant code of practice in operation under sub-paragraph (1)(b).
3
A code of the kind mentioned in sub-paragraph (1)(c)—
a
may make different provision in relation to a particular part of the United Kingdom;
b
may make different provision for different parts of the United Kingdom.
4
A code of the kind mentioned in sub-paragraph (1)(d) must include provision about training to be undertaken by persons who are to act as review officers.
5
The failure of an examining officer to observe a provision of a code does not of itself make the officer liable to criminal or civil proceedings.
6
A code—
a
is admissible in evidence in criminal and civil proceedings, and
b
is to be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.
7
The Secretary of State may revise a code and issue the revised code.
57
1
Before issuing a code under paragraph 56 the Secretary of State must—
a
publish a draft code,
b
consider any representations made about the draft, and
c
if the Secretary of State thinks it appropriate, modify the draft in the light of any such representations.
2
The Secretary of State must lay a draft of the code before Parliament.
3
After the code has been laid before Parliament the Secretary of State may bring it into operation by regulations.
4
Sub-paragraphs (1) to (3) apply to the issue of a revised code as they apply to the first issue of the code.
5
Regulations under sub-paragraph (3) must be made by statutory instrument.
6
A statutory instrument containing regulations under sub-paragraph (3) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.