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12.—(1) Section 22 of the 2002 Act (power of the Commission to issue guidance)(1) is modified as follows.
(2) For subsection (1) substitute—
“(1) The Commission may issue guidance to the appropriate authority and any person it sees fit concerning the exercise or performance, by the persons to whom the guidance is issued, of any of the powers or duties specified in subsection (2).”.
(3) In subsection (2), in paragraph (b)(iii)—
“(b)(iii)for “persons serving with the police” substitute “immigration officers exercising specified enforcement functions or officials of the Secretary of State exercising enforcement functions in relation to immigration or asylum”.
(4) For subsection (3)(2) substitute—
“(3) Before issuing any guidance under this section, the Commission shall consult the appropriate authority and any person it sees fit.”.
Section 22 of the 2002 Act has been amended by: section 160 of, and paragraphs 1 and 8 to Schedule 12 to, the Serious Organised Crime and Police Act 2005; and section 6(1) of, and paragraph 11 of Schedule 4 to, the Police and Justice Act 2006.
Section 22(3) of the 2002 Act has been amended by section 6(1) of, and paragraph 11 of Schedule 4 to, the Police and Justice Act 2006.
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