Terrorism Act 2000

Section 115.

SCHEDULE 14U.K. Exercise of Officers’ Powers

This schedule has no associated Explanatory Notes

Modifications etc. (not altering text)

C1Schs. 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

C2Sch. 14 modified by S.I. 1993/1813, Sch. 4 para. 3 (as substituted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(d), Sch. 4 para. 21(1) (with Sch. 4 para. 21(2)); S.I. 2020/792, reg. 2(i); and as amended (30.9.2020) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(2), 5(6)(b))

C3Sch. 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)

C4Sch. 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

GeneralU.K.

1U.K.In this Schedule an “officer” means [F1(subject to paragraph 6A)] —

(a)an authorised officer within the meaning given by [F2the [F3terrorist property] provisions] [F4(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.

[F5 and “the [F3terrorist property] provisions” means Schedule 1 to the Anti-terrorism, Crime and Security Act 2001. ]

Textual Amendments

F1Words in Sch. 14 para. 1 inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 9 para. 8(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 21(c)

F2Words in Sch. 14 para. 1(a) substituted (20.12.2001) by 2001 c. 24, s. 2(5)(a), S.I. 2001/4019, art. 2(1)(b)

F3Words in Sch. 14 substituted (27.4.2017 for specified purposes, 31.10.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 13(a); S.I. 2017/991, reg. 2(p); S.I. 2018/78, reg. 5(1)(c)

F4Words in Sch. 14 para. 1(a) inserted (27.4.2017 for specified purposes, 31.10.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 13(b); S.I. 2017/991, reg. 2(p); S.I. 2018/78, reg. 5(1)(c)

F5Words in Sch. 14 para. 1 inserted (20.12.2001) by 2001 c. 24, s. 2(5)(b); S.I. 2001/4019, art. 2(1)(b)

2U.K.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 [F6or the [F3terrorist property] provisions].

Textual Amendments

F6Words in Sch. 14 para. 2 inserted (20.12.2001) by 2001 c. 24, s. 2(6); S.I. 2001/4019, art. 2(1)(b)

3U.K.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) [F7or the [F3terrorist property] provisions].

Textual Amendments

F7Words in Sch. 14 para. 3 inserted (20.12.2001) by 2001 c. 24, s. 2(6); S.I. 2001/4019, art. 2(1)(b)

InformationU.K.

4(1)Information acquired by an officer may be supplied—U.K.

(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;

[F8(d)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.

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

[F9(3)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).]

Textual Amendments

F8Sch. 14 para. 4(1)(d) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 76; S.I. 2013/1682, art. 3(v)

F9Sch. 14 para. 4(3) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 39

Modifications etc. (not altering text)

C5Sch. 14 para. 4(2) restricted (7.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 17(6), Sch. 2 Pt. 2 para. 19; S.I. 2005/1126, art. 2

Code of practiceU.K.

5U.K.An officer shall perform functions conferred on him by virtue of this Act [F10or the [F3terrorist property] provisions] in accordance with any relevant code of practice in operation under paragraph 6.

Textual Amendments

F10Words in Sch. 14 para. 5 inserted (20.12.2001) by 2001 c. 24, s. 2(7); S.I. 2001/4019, art. 2(1)(b)

6(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 [F11or the [F3terrorist property] provisions].U.K.

(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.

Textual Amendments

F11Words in Sch. 14 para. 6(1) inserted (20.12.2001) by 2001 c. 24, s. 2(6); S.I. 2001/4019, art. 2(1)(b)

Commencement Information

I1Sch. 14 para. 6 wholly in force at 19.2.2001; Sch. 14 para. 6 not in force at Royal Assent see s. 128; Sch. 14 para. 6(1)(4) in force at 12.10.2000 by S.I. 2000/2800, art. 2(d)(ii); Sch. 14 para. 6 in force at 19.2.2001 in so far as not already in force by S.I. 2001/421, art. 2

[F126AU.K.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.]

Textual Amendments

F12Sch. 14 para. 6A inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 9 para. 8(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 21(c)

7(1)Before issuing a code of practice the Secretary of State shall—U.K.

(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.