The Police, Crime, Sentencing and Courts Act 2022 (Consequential Provision) Regulations 2022

Draft Regulations laid before Parliament under section 205(5) of the Police, Crime, Sentencing and Courts Act 2022, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2022 No.

Prevention And Suppression Of Terrorism

The Police, Crime, Sentencing and Courts Act 2022 (Consequential Provision) Regulations 2022

Made

Coming into force

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 205(1) and (2) of the Police, Crime, Sentencing and Courts Act 2022(1).

In accordance with section 205(5) of that Act, a draft of these Regulations was laid before Parliament and approved by resolution of each House of Parliament.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Police, Crime, Sentencing and Courts Act 2022 (Consequential Provision) Regulations 2022 and come into force on the day after the day on which they are made.

(2) These Regulations extend to the United Kingdom.

Section 47AA of the Terrorism Act 2000

2.—(1) Section 47AA of the Terrorism Act 2000(2) is amended as follows.

(2) In the heading, after “43A” insert “, 43C”.

(3) In subsection (1)(a), for “and 43A” substitute “, 43A and 43C”.

Name

Minister of State

Home Office

Date

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision that is consequential on section 185 of the Police, Crime, Sentencing and Courts Act 2022 (2022 c. 32). Section 185 inserts new section 43C into the Terrorism Act 2000 (c. 11), which confers a power to stop and search terrorist offenders released on licence. The new power will apply where an offender’s licence includes a search condition and the constable is satisfied that the search is necessary for purposes connected with protecting members of the public from a risk of terrorism.

Section 47AA of the 2000 Act imposes a requirement on the Secretary of State to prepare a code of practice containing guidance about the exercise of search powers that are conferred by that Act. The effect of regulation 2 is that the obligation will also apply to the new power.

A full impact assessment has not been produced for these Regulations as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

2022 c. 32.

(2)

2000 c. 11. Section 47AA of the Terrorism Act 2000 was inserted by section 62 of the Protection of Freedoms Act 2012 (c. 9).