SCHEDULES

C2C4C5C3SCHEDULE 14 Exercise of Officers’ Powers

Section 115.

Annotations:
Modifications etc. (not altering text)
C2

Schs. 7, 8, 14 extended (with modifications) (coming into force in accordance with art. 1(2) of the extending S.I.) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 11(1)(b), Sch. 2

C5

Sch. 14 modified by S.I. 1994/1405, art. 7 (as amended (coming into force in accordance with art. 1(3) of the amending S.I.) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(3), 11)

C3

Sch. 14 modified (30.9.2020 immediately after the entry into force of S.I. 2020/915, art. 5) by The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) Order 2020 (S.I. 2020/916), arts. 1(3), 6

General

1

In this Schedule an “officer” means F8(subject to paragraph 6A) —

a

an authorised officer within the meaning given by F1the F7terrorist property provisionsF9(including when referred to in those provisions as an “enforcement officer” or a “senior officer”) , and

b

an examining officer within the meaning of Schedule 7.

F2 and “the F7terrorist property provisions” means Schedule 1 to the Anti-terrorism, Crime and Security Act 2001.

2

An officer may enter a vehicle (within the meaning of section 121) for the purpose of exercising any of the functions conferred on him by virtue of this Act F3or the F7terrorist property provisions.

3

An officer may if necessary use reasonable force for the purpose of exercising a power conferred on him by virtue of this Act (apart from paragraphs 2 and 3 of Schedule 7) F4or the F7terrorist property provisions.

Information

4

1

Information acquired by an officer may be supplied—

a

to the Secretary of State for use in relation to immigration;

b

to the Commissioners of Customs and Excise or a customs officer;

c

to a constable;

F11d

to the National Crime Agency;

e

to a person specified by order of the Secretary of State for use of a kind specified in the order.

C12

Information acquired by a customs officer or an immigration officer may be supplied to an examining officer within the meaning of Schedule 7.

F103

A person may be specified in an order under this paragraph only if the person exercises public functions (whether or not in the United Kingdom).

Code of practice

5

An officer shall perform functions conferred on him by virtue of this Act F5or the F7terrorist property provisions in accordance with any relevant code of practice in operation under paragraph 6.

I16

1

The Secretary of State shall issue codes of practice about the exercise by officers of functions conferred on them by virtue of this Act F6or the F7terrorist property provisions.

2

The failure by an officer to observe a provision of a code shall not of itself make him liable to criminal or civil proceedings.

3

A code—

a

shall be admissible in evidence in criminal and civil proceedings, and

b

shall be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.

4

The Secretary of State may revise a code and issue the revised code.

F126A

In paragraphs 5 and 6, “officer” includes a constable, immigration officer or customs officer who—

a

has functions under Schedule 7, or

b

has functions under Schedule 8 in relation to a person detained under Schedule 7,

otherwise than as an examining officer.

7

1

Before issuing a code of practice the Secretary of State shall—

a

publish a draft code,

b

consider any representations made to him about the draft, and

c

if he thinks it appropriate, modify the draft in the light of any representations made to him.

2

The Secretary of State shall lay a draft of the code before Parliament.

3

When the Secretary of State has laid a draft code before Parliament he may bring it into operation by order.

4

This paragraph has effect in relation to the issue of a revised code as it has effect in relation to the first issue of a code.