The Counter-Terrorism and Security Act 2015 (Code of Practice for Officers exercising functions under Schedule 1) Regulations 2015

Statutory Instruments

2015 No. 217

Prevention And Suppression Of Terrorism

The Counter-Terrorism and Security Act 2015 (Code of Practice for Officers exercising functions under Schedule 1) Regulations 2015

Approved by both Houses of Parliament

Made

12th February 2015

Laid before Parliament

12th February 2015

Coming into force

13th February 2015

The Secretary of State makes these Regulations in exercise of the power conferred by paragraph 19(3) of Schedule 1 to the Counter-Terrorism and Security Act 2015(1)(“the Act”).

The Secretary of State:

(a) has, in accordance with paragraph 18(1) of Schedule 1 to the Act, issued a draft code of practice with regard to the exercise of functions under Schedule 1 to the Act;

(b) has, in accordance with paragraph 19(1)(a), (b) and (c) of Schedule 1 to the Act, published that code of practice in draft; considered representations made about the draft and modified the draft, as thought appropriate, in the light of them;

(c) has, in accordance with paragraph 19(2) of Schedule 1 to the Act, laid a draft of the code before Parliament.

Citation and commencement

1.  These Regulations may be cited as the Counter-Terrorism and Security Act 2015 (Code of Practice for Officers exercising functions under Schedule 1) Regulations 2015 and come into force on the day after the day on which they were made.

Code of Practice

2.  The Code of Practice entitled, “Code of Practice for Officers exercising functions under Schedule 1 to the Counter-Terrorism and Security Act 2015 in connection with seizing and retaining travel documents” and laid before Parliament in draft on 12th February 2015 comes into operation on the day after the day on which these Regulations were made.

Karen Bradley

Parliamentary Under Secretary of State

Home Office

12th February 2015

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations bring into operation the code of practice (“the Code”) issued under paragraph 18(1) of Schedule 1 to the Counter-Terrorism and Security Act 2015 (“Schedule 1”). Schedule 1 provides police officers, immigration officers and customs officials with powers to both seize and retain travel documents of persons at ports. Paragraph 18(1) of Schedule 1 requires the Secretary of State to issue a Code of Practice with regard to the exercise of functions under Schedule 1 and in particular in relation to: the procedure for making designations in respect of officers; the training to be undertaken by officers; the exercise by officers of functions under Schedule 1; the information to be given to a person subject to the exercise of powers under Schedule 1 and the process for disclosure of that information; and reviews of the exercise of the power to retain documents. The Code, which these Regulations bring into operation, satisfies these requirements.

(1)

2015 c. 6.