PART 2 SEARCH BY POLICE

CHAPTER 2 CODE OF PRACTICE

Procedure applying to code

76Consultation on code of practice

(1)

Prior to making a code of practice, the Scottish Ministers must consult publicly on a draft of the code.

(2)

When preparing a draft of a code of practice for public consultation, the Scottish Ministers must consult—

(a)

the Lord Justice General,

(b)

the Faculty of Advocates,

(c)

the Law Society of Scotland,

(d)

the Scottish Police Authority,

(e)

the chief constable of the Police Service of Scotland,

F1(ea)

the British Transport Police Authority,

(eb)

the chief constable of the British Transport Police Force,

(ec)

the Civil Nuclear Police Authority,

(ed)

the chief constable of the Civil Nuclear Constabulary,

(ee)

the chief constable of the Ministry of Defence Police,

(ef)

the Commissioners for Her Majesty’s Revenue and Customs,

(eg)

the Director of Border Revenue,

(eh)

the National Crime Agency,

(ei)

for each of the persons mentioned in paragraphs (ea) to (eh), the Secretary ofState.

(f)

the Police Investigations and Review Commissioner,

(g)

the Scottish Human Rights Commission,

(h)

the Commissioner for Children and Young People in Scotland, and

(i)

such other persons as the Scottish Ministers consider appropriate.

(3)

Subsection (1) or (2) is complied with in relation to a code of practice having (or to have) effect for the first time even if the consultation has been initiated before the day on which this section comes into force.