Part V U.K. Counter-terrorist Powers

Suspected terrorists [F1 etc.] U.K.

Textual Amendments

F1 Word in s. 40 cross-heading inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 24 (with s. 97); S.I. 2012/1205, art. 4(k)

40 Terrorist: interpretation. U.K.

(1) In this Part “terrorist” means a person who—

(a) has committed an offence under any of sections 11, 12, 15 to 18, 54 and 56 to 63, or

(b) is or has been concerned in the commission, preparation or instigation of acts of terrorism.

(2) The reference in subsection (1)(b) to a person who has been concerned in the commission, preparation or instigation of acts of terrorism includes a reference to a person who has been, whether before or after the passing of this Act, concerned in the commission, preparation or instigation of acts of terrorism within the meaning given by section 1.

41 Arrest without warrant. U.K.

(1) A constable may arrest without a warrant a person whom he reasonably suspects to be a terrorist.

(2) Where a person is arrested under this section the provisions of Schedule 8 (detention: treatment, review and extension) shall apply.

(3) Subject to subsections (4) to (7), a person detained under this section shall (unless detained under any other power) be released not later than the end of the period of 48 hours beginning—

(a) with the time of his arrest under this section, or

(b) if he was being detained under [F2 a provision listed in subsection (3A)] when he was arrested under this section, with the time when his [F3 detention under that provision] began.

[F4 (3A) Those provisions are—

(a) section 24 of the Police and Criminal Evidence Act 1984;

(b) Article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));

(c) Schedule 7;

(d) section 1 of the Criminal Justice (Scotland) Act 2016 (asp 1);

(e) Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019;

(f) section 27 of the National Security Act 2023.]

(4) If on a review of a person’s detention under Part II of Schedule 8 the review officer does not authorise continued detention, the person shall (unless detained in accordance with subsection (5) or (6) or under any other power) be released.

(5) Where a police officer intends to make an application for a warrant under paragraph 29 of Schedule 8 extending a person’s detention, the person may be detained pending the making of the application.

(6) Where an application has been made under paragraph 29 or 36 of Schedule 8 in respect of a person’s detention, he may be detained pending the conclusion of proceedings on the application.

(7) Where an application under paragraph 29 or 36 of Schedule 8 is granted in respect of a person’s detention, he may be detained, subject to paragraph 37 of that Schedule, during the period specified in the warrant.

(8) The refusal of an application in respect of a person’s detention under paragraph 29 or 36 of Schedule 8 shall not prevent his continued detention in accordance with this section.

[F5 (8ZA) Subsection (8A) applies where—

(a) a person is detained under this section in hospital, or

(b) a person detained under this section is removed to hospital because the person needs medical treatment.]

[F6 (8A) [F7 Where this subsection applies]—

(a) any time during which the person is being questioned in hospital or [F8 (where this subsection applies by virtue of subsection (8ZA)(b))] on the way there or back for the purpose of obtaining relevant evidence is to be included in calculating any period which falls to be calculated for the purposes of this section or Part 3 of Schedule 8, but

(b) any other time when the person is in hospital or [F9 (where this subsection applies by virtue of subsection (8ZA)(b))] on the way there or back is not to be included.

(8B) In subsection (8A), “relevant evidence” means, in relation to the detained person, evidence which—

(a) relates to the person's commission of an offence under any of the provisions mentioned in section 40(1)(a), or

(b) indicates that the person is a person falling within section 40(1)(b).]

(9) A person who has the powers of a constable in one Part of the United Kingdom may exercise the power under subsection (1) in any Part of the United Kingdom.

Textual Amendments

F2 Words in s. 41(3)(b) substituted (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 17 para. 1(2)(a) (with s. 97); S.I. 2023/1272, reg. 2(d)

F3 Words in s. 41(3)(b) substituted (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 17 para. 1(2)(b) (with s. 97); S.I. 2023/1272, reg. 2(d)

F4 S. 41(3A) inserted (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 17 para. 1(3) (with s. 97); S.I. 2023/1272, reg. 2(d)

F5 S. 41(8ZA) inserted (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 17 para. 1(4) (with s. 97); S.I. 2023/1272, reg. 2(d)

F6 S. 41(8A)(8B) inserted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 18(2), 27(2)(a); S.I. 2020/792, reg. 2(c)

F7 Words in s. 41(8A) substituted (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 17 para. 1(5)(a) (with s. 97); S.I. 2023/1272, reg. 2(d)

F8 Words in s. 41(8A)(a) inserted (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 17 para. 1(5)(b) (with s. 97); S.I. 2023/1272, reg. 2(d)

F9 Words in s. 41(8A)(b) inserted (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 17 para. 1(5)(c) (with s. 97); S.I. 2023/1272, reg. 2(d)

42 Search of premises. U.K.

(1) A justice of the peace may on the application of a constable issue a warrant in relation to specified premises if he is satisfied that there are reasonable grounds for suspecting that a person whom the constable reasonably suspects to be a person falling within section 40(1)(b) is to be found there.

(2) A warrant under this section shall authorise any constable to enter and search the specified premises for the purpose of arresting the person referred to in subsection (1) under section 41.

(3) In the application of subsection (1) to Scotland—

(a) “justice of the peace” includes the sheriff, and

(b) the justice of the peace or sheriff can be satisfied as mentioned in that subsection only by having heard evidence on oath.

43 Search of persons. U.K.

(1) A constable may stop and search a person whom he reasonably suspects to be a terrorist to discover whether he has in his possession anything which may constitute evidence that he is a terrorist.

(2) A constable may search a person arrested under section 41 to discover whether he has in his possession anything which may constitute evidence that he is a terrorist.

F10 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A constable may seize and retain anything which he discovers in the course of a search of a person under subsection (1) or (2) and which he reasonably suspects may constitute evidence that the person is a terrorist.

[F11 (4A) Subsection (4B) applies if a constable, in exercising the power under subsection (1) to stop a person whom the constable reasonably suspects to be a terrorist, stops a vehicle (see section 116(2)).

(4B) The constable—

(a) may search the vehicle and anything in or on it to discover whether there is anything which may constitute evidence that the person concerned is a terrorist, and

(b) may seize and retain anything which the constable—

(i) discovers in the course of such a search, and

(ii) reasonably suspects may constitute evidence that the person is a terrorist.

(4C) Nothing in subsection (4B) confers a power to search any person but the power to search in that subsection is in addition to the power in subsection (1) to search a person whom the constable reasonably suspects to be a terrorist.]

(5) A person who has the powers of a constable in one Part of the United Kingdom may exercise a power under this section in any Part of the United Kingdom.

Textual Amendments

F10 S. 43(3) repealed (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 60(1), 120, Sch. 10 Pt. 4 (with s. 97); S.I. 2012/1205, art. 4(d)(l)

F11 S. 43(4A)-(4C) inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 60(2), 120 (with s. 97); S.I. 2012/1205, art. 4(d)

Modifications etc. (not altering text)

C1 S. 43(4): power(s) of seizure extended (1.4.2003) by 2001 c. 16, ss. 51-54, 68, Sch. 1 Pt. 2 para. 82; S.I. 2003/708, art. 2

[F12 43A Search of vehicles U.K.

(1) Subsection (2) applies if a constable reasonably suspects that a vehicle is being used for the purposes of terrorism.

(2) The constable may stop and search—

(a) the vehicle;

(b) the driver of the vehicle;

(c) a passenger in the vehicle;

(d) anything in or on the vehicle or carried by the driver or a passenger;

to discover whether there is anything which may constitute evidence that the vehicle is being used for the purposes of terrorism.

(3) A constable may seize and retain anything which the constable—

(a) discovers in the course of a search under this section, and

(b) reasonably suspects may constitute evidence that the vehicle is being used for the purposes of terrorism.

(4) A person who has the powers of a constable in one Part of the United Kingdom may exercise a power under this section in any Part of the United Kingdom.

(5) In this section “driver”, in relation to an aircraft, hovercraft or vessel, means the captain, pilot or other person with control of the aircraft, hovercraft or vessel or any member of its crew and, in relation to a train, includes any member of its crew.]

Textual Amendments

F12 S. 43A inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 60(3), 120 (with s. 97); S.I. 2012/1205, art. 4(d)

[F13 Offenders released on licence: powers in connection with protecting public from risk of terrorism U.K.

Textual Amendments

F13 S. 43B and cross-heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 184(1), 208(5)(w)

43B Terrorist offenders released on licence: arrest without warrant pending recall decision U.K.

(1) Subject to subsection (2), a constable may arrest without warrant a terrorist offender who has been released on licence if the constable—

(a) has reasonable grounds for suspecting that the offender has breached a condition of their licence, and

(b) reasonably considers that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, to detain the offender until a recall decision is made.

(2) A terrorist offender who is detained under this section must (unless recalled or otherwise detained under any other power) be released—

(a) if a recall decision is made not to revoke the offender’s licence (and accordingly the offender is not recalled to prison), as soon as practicable after that decision is made, or

(b) if a recall decision has not been made by the end of the relevant period, at the end of that period.

(3) Part 1 of Schedule 8 makes provision that applies where a terrorist offender is arrested under this section.

(4) In this section “terrorist offender” means—

(a) an offender to whom a restricted release provision applies or would apply but for the fact that the offender has been released on licence;

(b) a life prisoner within the meaning of Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (see section 34 of that Act) who is serving a sentence for an offence within section 247A(2) of the Criminal Justice Act 2003;

(c) a life prisoner within the meaning of Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (see section 27 of that Act) who is serving a sentence, or is subject to an order for lifelong restriction, for an offence within section 1AB(2) of that Act;

(d) a life prisoner within the meaning of the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) (see Article 2 of that Order) who is serving a sentence for an offence within Article 20A(2) of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)).

(5) For the purposes of this section—

(a) a reference to an offender who has been released on licence includes an offender who —

(i) has been released temporarily pursuant to rules made under section 47(5) of the Prison Act 1952 or section 13(1)(c) of the Prison Act (Northern Ireland) 1953 (c. 18 (N.I.)), or

(ii) has been released temporarily on licence pursuant to rules made under section 39(6) of the Prisons (Scotland) Act 1989;

(b) a reference to a condition of an offender’s licence includes a condition to which an offender’s temporary release is subject;

(c) a reference to revocation of an offender’s licence includes recall of an offender from temporary release.

(6) In this section—

• “prison” includes any place where a person is liable to be detained;

• “recall decision”, in relation to a terrorist offender who has been released on licence, means a decision by any person with the power to revoke the offender’s licence and recall the offender to prison whether or not to exercise that power;

• the “relevant period” means—

  (a)

  in relation to a terrorist offender who has been released on licence under the law of England and Wales, the period of 6 hours beginning with the time of the arrest under this section;

  (b)

  in relation to a terrorist offender who has been released on licence under the law of Scotland or Northern Ireland, the period of 12 hours beginning with the time of the arrest under this section;

• “restricted release provision” means—

  (a)

  section 247A of the Criminal Justice Act 2003;

  (b)

  section 1AB of the Prisoners and Criminal Proceedings (Scotland) Act 1993;

  (c)

  Article 20A of the Criminal Justice (Northern Ireland) Order 2008.

(7) A person who has the powers of a constable in one part of the United Kingdom may exercise the power under subsection (1) in any part of the United Kingdom.]

[F14 43C Power to search terrorist offenders released on licence U.K.

(1) A constable may stop and search a terrorist offender who is within subsection (2) if the constable is satisfied that it is necessary to do so for purposes connected with protecting members of the public from a risk of terrorism.

(2) A terrorist offender is within this subsection if—

(a) the offender has been released on licence (and not recalled), and

(b) the offender’s licence includes a search condition.

(3) The power in subsection (1) may be exercised in any place to which the constable lawfully has access (whether or not it is a place to which the public has access).

(4) Subsection (5) applies if a constable, in exercising the power in subsection (1) to stop a terrorist offender, stops a vehicle (see section 116(2)).

(5) The constable may search the vehicle and anything in or on it for purposes connected with protecting members of the public from a risk of terrorism.

(6) Nothing in subsection (5) confers a power to search any person, but the power to search in that subsection is in addition to the power in subsection (1) to search a terrorist offender.

(7) The power in subsection (1) to search a terrorist offender includes power to search anything carried by the offender.

(8) Subsection (5) of section 43B applies for the purposes of this section as it applies for the purposes of that section.

(9) In this section—

• “search condition” means a condition requiring the offender to submit to a search of their person under this section;

• “terrorist offender” has the same meaning as in section 43B.

(10) A person who has the powers of a constable in one part of the United Kingdom may exercise a power under this section in any part of the United Kingdom.]

Textual Amendments

F14 S. 43C inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 185, 208(5)(w)

[F15 43D Search of premises of offender released on licence for purposes connected with protection from risk of terrorism U.K.

(1) A justice may issue a warrant under this section if, on the application of a senior police officer of the relevant force, the justice is satisfied that the requirements in subsection (2) are met.

(2) The requirements are—

(a) that the person specified in the application is a relevant offender who has been released on licence (and not recalled),

(b) that there are reasonable grounds for believing that the person resides, or may regularly be found, at premises (whether residential or otherwise) specified in the application,

(c) that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, for a constable to enter and search premises specified in the application, and

(d) the occupier of the premises is unlikely to consent to a constable entering or searching the premises specified in the application.

(3) A warrant under this section must specify each set of premises to which it relates (which are to be premises in relation to which the requirements in subsection (2)(b) to (d) are met).

(4) A warrant under this section is a warrant that authorises a constable of the relevant force, for the purposes referred to in subsection (2)(c)—

(a) to enter the premises to which it relates, and

(b) to search the premises or, if the premises are multiple occupancy premises, the relevant parts of the premises.

(5) A warrant under this section may—

(a) authorise the constable executing it to use reasonable force if necessary to enter and search the premises;

(b) authorise entry to, and search of, the premises on more than one occasion (whether on a certain number of occasions or without limit), so far as the justice who issues the warrant is satisfied that such authorisation is necessary for the purposes referred to in subsection (2)(c).

(6) For the purposes of subsection (4)—

(a) “multiple occupancy premises” are premises at which two or more individuals who are not members of the same household reside;

(b) the reference to the “relevant parts” of multiple occupancy premises is to those parts of the premises to which the constable has reasonable grounds for believing that the person to whom the warrant relates has access.

(7) Subsection (5) of section 43B applies for the purposes of this section as it applies for the purposes of that section.

(8) In this section “relevant offender” means—

(a) a prisoner to whom Chapter 6 of Part 12 of the Criminal Justice Act 2003 applies (release of fixed-term prisoners);

(b) a life prisoner within the meaning of Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (see section 34 of that Act);

(c) a short-term prisoner, long-term prisoner or life prisoner within the meaning of Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (see section 27 of that Act);

(d) a fixed-term prisoner within the meaning of Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (see Article 16 of that Order);

(e) a life prisoner within the meaning of the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) (see Article 2 of that Order).

(9) In this section—

• “justice” means—

  (a)

  a justice of the peace in England and Wales,

  (b)

  a sheriff or summary sheriff in Scotland, or

  (c)

  a lay magistrate in Northern Ireland;

• “relevant force” means—

  (a)

  if the premises specified in the application for the warrant are in England or Wales, the police force maintained for the police area in which those premises are situated,

  (b)

  if those premises are in Scotland, the Police Service of Scotland, or

  (c)

  if those premises are in Northern Ireland, the Police Service of Northern Ireland;

• “senior police officer” means a constable of the rank of superintendent or above.]

Textual Amendments

F15 S. 43D inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 186, 208(5)(w)

[F16 43E Seizure and retention of items found in search under section 43C or 43D U.K.

(1) This section applies where a constable carries out—

(a) a search of a terrorist offender under section 43C(1),

(b) a search of a vehicle, or anything in or on a vehicle, under section 43C(5), or

(c) a search of premises further to a warrant issued under section 43D.

(2) A constable may seize anything that the constable finds in the course of the search if—

(a) the constable reasonably suspects that—

(i) the thing is or contains evidence in relation to an offence, and

(ii) it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed, or

(b) the constable reasonably believes that it is necessary to do so for the purpose of ascertaining—

(i) whether the offender has breached a condition of the offender’s licence, and

(ii) if so, whether the breach affects the risk of terrorism to which members of the public are exposed.

(3) Anything seized under subsection (2) may be—

(a) subjected to tests;

(b) retained for as long as is necessary in all the circumstances (but see subsection (5)).

(4) In particular (and regardless of the ground on which the thing was seized)—

(a) if a constable has reasonable grounds for believing that the thing is or contains evidence in relation to an offence, it may be retained—

(i) for use as evidence at a trial for an offence, or

(ii) for forensic examination or for investigation in connection with an offence;

(b) if a constable has reasonable grounds for believing that the thing has been obtained in consequence of the commission of an offence, it may be retained in order to establish its lawful owner.

(5) Anything seized under subsection (2)(b) that is not retained as mentioned in subsection (4)(a) or (b) may be retained for a maximum period of 7 days beginning with the day after the day on which the thing is seized.

(6) Nothing may be retained for either of the purposes mentioned in subsection (4)(a) if a photograph or copy would be sufficient for that purpose.

(7) In this section “offender” means—

(a) in relation to a search under section 43C, the terrorist offender to whom the search relates;

(b) in relation to a search under section 43D, the relevant offender in relation to whom the warrant authorising the search was issued.

(8) Nothing in this section affects any power of a court to make an order under section 1 of the Police (Property) Act 1897.]

Textual Amendments

F16 S. 43E inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 187, 208(5)(w)

F17 ... U.K.

Textual Amendments

F17 Ss. 44-47 and the cross-heading before s. 44 repealed (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 59, 120, Sch. 10 Pt. 4 (with s. 97); S.I. 2012/1205, art. 4(c)(l)

F17 44 Authorisations. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modifications etc. (not altering text)

C2 S. 44 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), s. 73(1), Sch. 5 para. 4(1)(2)(k) (with s. 72); S.I. 2004/1572, art. 3(ddd)(jjj)

C3 Ss. 44-47 modified (18.3.2011) by Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631), arts. 1, 2-4, Sch. 1 (with art. 6)

F17 45 Exercise of power. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modifications etc. (not altering text)

C3 Ss. 44-47 modified (18.3.2011) by Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631), arts. 1, 2-4, Sch. 1 (with art. 6)

F17 46 Duration of authorisation. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modifications etc. (not altering text)

C3 Ss. 44-47 modified (18.3.2011) by Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631), arts. 1, 2-4, Sch. 1 (with art. 6)

F17 47 Offences. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modifications etc. (not altering text)

C3 Ss. 44-47 modified (18.3.2011) by Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631), arts. 1, 2-4, Sch. 1 (with art. 6)

[F18 Powers to stop and search in specified locations U.K.

Textual Amendments

F18 S. 47A and cross-heading inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 61(1), 120 (with s. 97); S.I. 2012/1205, art. 4(e)

47A Searches in specified areas or places U.K.

(1) A senior police officer may give an authorisation under subsection (2) or (3) in relation to a specified area or place if the officer—

(a) reasonably suspects that an act of terrorism will take place; and

(b) reasonably considers that—

(i) the authorisation is necessary to prevent such an act;

(ii) the specified area or place is no greater than is necessary to prevent such an act; and

(iii) the duration of the authorisation is no longer than is necessary to prevent such an act.

(2) An authorisation under this subsection authorises any constable in uniform to stop a vehicle in the specified area or place and to search—

(a) the vehicle;

(b) the driver of the vehicle;

(c) a passenger in the vehicle;

(d) anything in or on the vehicle or carried by the driver or a passenger.

(3) An authorisation under this subsection authorises any constable in uniform to stop a pedestrian in the specified area or place and to search—

(a) the pedestrian;

(b) anything carried by the pedestrian.

(4) A constable in uniform may exercise the power conferred by an authorisation under subsection (2) or (3) only for the purpose of discovering whether there is anything which may constitute evidence that the vehicle concerned is being used for the purposes of terrorism or (as the case may be) that the person concerned is a person falling within section 40(1)(b).

(5) But the power conferred by such an authorisation may be exercised whether or not the constable reasonably suspects that there is such evidence.

(6) A constable may seize and retain anything which the constable—

(a) discovers in the course of a search under such an authorisation; and

(b) reasonably suspects may constitute evidence that the vehicle concerned is being used for the purposes of terrorism or (as the case may be) that the person concerned is a person falling within section 40(1)(b).

(7) Schedule 6B (which makes supplementary provision about authorisations under this section) has effect.

(8) In this section—

• “driver” has the meaning given by section 43A(5);

• “senior police officer” has the same meaning as in Schedule 6B (see paragraph 14(1) and (2) of that Schedule);

• “specified” means specified in an authorisation.]

[F19 Code of practice relating to sections 43, 43A and 47A U.K.

Textual Amendments

F19 Ss. 47AA-47AE and cross-heading inserted (9.5.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 62, 120 (with s. 97); S.I. 2012/1205, art. 2

47AA Code of practice relating to sections 43, 43A [F20 , 43C] and 47A U.K.

(1) The Secretary of State must prepare a code of practice containing guidance about—

(a) the exercise of the powers conferred by sections 43 [F21 , 43A and 43C],

(b) the exercise of the powers to give an authorisation under section 47A(2) or (3),

(c) the exercise of the powers conferred by such an authorisation and section 47A(6), and

(d) such other matters in connection with the exercise of any of the powers mentioned in paragraphs (a) to (c) as the Secretary of State considers appropriate.

(2) Such a code may make different provision for different purposes.

(3) In the course of preparing such a code, the Secretary of State must consult the Lord Advocate and such other persons as the Secretary of State considers appropriate.

Textual Amendments

F20 Word in s. 47AA heading inserted (1.7.2022) by The Police, Crime, Sentencing and Courts Act 2022 (Consequential Provision) Regulations 2022 (S.I. 2022/746), regs. 1(1), 2(2)

F21 Words in s. 47AA(1)(a) substituted (1.7.2022) by The Police, Crime, Sentencing and Courts Act 2022 (Consequential Provision) Regulations 2022 (S.I. 2022/746), regs. 1(1), 2(3)

47AB Issuing of code U.K.

(1) The Secretary of State must lay before Parliament—

(a) a code of practice prepared under section 47AA, and

(b) a draft of an order providing for the code to come into force.

(2) The Secretary of State must make the order and issue the code if the draft of the order is approved by a resolution of each House of Parliament.

(3) The Secretary of State must not make the order or issue the code unless the draft of the order is so approved.

(4) The Secretary of State must prepare another code of practice under section 47AA if—

(a) the draft of the order is not so approved, and

(b) the Secretary of State considers that there is no realistic prospect that it will be so approved.

(5) A code comes into force in accordance with an order under this section.

47AC Alteration or replacement of code U.K.

(1) The Secretary of State—

(a) must keep the search powers code under review, and

(b) may prepare an alteration to the code or a replacement code.

(2) Before preparing an alteration or a replacement code, the Secretary of State must consult the Lord Advocate and such other persons as the Secretary of State considers appropriate.

(3) Section 47AB (other than subsection (4)) applies to an alteration or a replacement code prepared under this section as it applies to a code prepared under section 47AA.

(4) In this section “the search powers code” means the code of practice issued under section 47AB (2) (as altered or replaced from time to time).

47AD Publication of code U.K.

(1) The Secretary of State must publish the code (and any replacement code) issued under section 47AB (2).

(2) The Secretary of State must publish—

(a) any alteration issued under section 47AB (2), or

(b) the code or replacement code as altered by it.

47AE Effect of code U.K.

(1) A constable must have regard to the search powers code when exercising any powers to which the code relates.

(2) A failure on the part of a constable to act in accordance with any provision of the search powers code does not of itself make that person liable to criminal or civil proceedings.

(3) The search powers code is admissible in evidence in any such proceedings.

(4) A court or tribunal may, in particular, take into account a failure by a constable to have regard to the search powers code in determining a question in any such proceedings.

(5) The references in this section to a constable include, in relation to any functions exercisable by a person by virtue of F22 ... paragraph 16 of Schedule 2A to the Police (Northern Ireland) Act 2003 (search powers in specified areas or places for community support officers), references to that person.

(6) In this section “the search powers code” means the code of practice issued under section 47AB (2) (as altered or replaced from time to time).]

Textual Amendments

F22 Words in s. 47AE(5) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 13

Parking U.K.

48 Authorisations. U.K.

(1) An authorisation under this section authorises any constable in uniform to prohibit or restrict the parking of vehicles on a road specified in the authorisation.

(2) An authorisation may be given only if the person giving it considers it expedient for the prevention of acts of terrorism.

(3) An authorisation may be given—

(a) where the road specified is [F23 in England and Wales] and is wholly or partly within a police area other than one mentioned in paragraphs (b) or (c), by a police officer for the area who is of at least the rank of assistant chief constable;

(b) where the road specified is wholly or partly in the metropolitan police district, by a police officer for the district who is of at least the rank of commander of the metropolitan police;

(c) where the road specified is wholly or partly in the City of London, by a police officer for the City who is of at least the rank of commander in the City of London police force;

[F24 (ca) where the road specified is in Scotland, by a constable of the Police Service of Scotland who is of at least the rank of assistant chief constable;]

(d) where the road specified is in Northern Ireland, by a member of the Royal Ulster Constabulary who is of at least the rank of assistant chief constable.

(4) If an authorisation is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable.

Textual Amendments

F23 Words in s. 48(3)(a) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 32(2)(a)

F24 S. 48(3)(ca) inserted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 32(2)(b)

49 Exercise of power. U.K.

(1) The power conferred by an authorisation under section 48 shall be exercised by placing a traffic sign on the road concerned.

(2) A constable exercising the power conferred by an authorisation under section 48 may suspend a parking place.

(3) Where a parking place is suspended under subsection (2), the suspension shall be treated as a restriction imposed by virtue of section 48—

(a) for the purposes of section 99 of the M1 Road Traffic Regulation Act 1984 (removal of vehicles illegally parked, &c.) and of any regulations in force under that section, and

(b) for the purposes of Articles 47 and 48 of the M2 Road Traffic Regulation (Northern Ireland) Order 1997 (in relation to Northern Ireland).

Marginal Citations

M1 1984 c. 27.

M2 S.I. 1997/276 (N.I. 2).

50 Duration of authorisation. U.K.

(1) An authorisation under section 48 has effect, subject to subsections (2) and (3), during the period specified in the authorisation.

(2) The period specified shall not exceed 28 days.

(3) An authorisation may be renewed in writing by the person who gave it or by a person who could have given it; and subsections (1) and (2) shall apply as if a new authorisation were given on each occasion on which the authorisation is renewed.

51 Offences. U.K.

(1) A person commits an offence if he parks a vehicle in contravention of a prohibition or restriction imposed by virtue of section 48.

(2) A person commits an offence if—

(a) he is the driver or other person in charge of a vehicle which has been permitted to remain at rest in contravention of any prohibition or restriction imposed by virtue of section 48, and

(b) he fails to move the vehicle when ordered to do so by a constable in uniform.

(3) It is a defence for a person charged with an offence under this section to prove that he had a reasonable excuse for the act or omission in question.

(4) Possession of a current disabled person’s badge shall not itself constitute a reasonable excuse for the purposes of subsection (3).

(5) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(6) A person guilty of an offence under subsection (2) shall be liable on summary conviction to—

(a) imprisonment for a term not exceeding three months,

(b) a fine not exceeding level 4 on the standard scale, or

(c) both.

52 Interpretation. U.K.

In sections 48 to 51—

• “disabled person’s badge” means a badge issued, or having effect as if issued, under any regulations for the time being in force under section 21 of the M3 Chronically Sick and Disabled Persons Act 1970 (in relation to England and Wales and Scotland) or section 14 of the M4 Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 (in relation to Northern Ireland);

• “driver” means, in relation to a vehicle which has been left on any road, the person who was driving it when it was left there;

• “parking” means leaving a vehicle or permitting it to remain at rest;

• “traffic sign” has the meaning given in section 142(1) of the M5 Road Traffic Regulation Act 1984 (in relation to England and Wales and Scotland) and in Article 28 of the M6 Road Traffic Regulation (Northern Ireland) Order 1997 (in relation to Northern Ireland);

• “vehicle” has the same meaning as in section 99(5) of the M7 Road Traffic Regulation Act 1984 (in relation to England and Wales and Scotland) and Article 47(4) of the M8 Road Traffic Regulation (Northern Ireland) Order 1997 (in relation to Northern Ireland).

Marginal Citations

M3 1970 c. 44.

M4 1978 c. 53 (N.I.).

M5 1984 c. 27.

M6 S.I. 1997/276 (N.I. 2).

M7 1984 c. 27.

M8 S.I. 1997/276 (N.I. 2).

Port and border controls U.K.

53 Port and border controls. U.K.

(1) Schedule 7 (port and border controls) shall have effect.

(2) The Secretary of State may by order repeal paragraph 16 of Schedule 7.

(3) The powers conferred by Schedule 7 shall be exercisable notwithstanding the rights conferred by section 1 of the M9 Immigration Act 1971 (general principles regulating entry into and staying in the United Kingdom).

Marginal Citations

M9 1971 c. 77.