SCHEDULES

SCHEDULE 14 Exercise of Officers’ Powers

Section 115.

General

1

In this Schedule an “officer” means—

a

an authorised officer within the meaning given by section 24, and

b

an examining officer within the meaning of Schedule 7.

2

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.

3

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).

Information

4

1

Information acquired by an officer may be supplied—

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;

d

to the Director General of the National Criminal Intelligence Service or of the National Crime Squad;

e

to a person specified by order of the Secretary of State for use of a kind specified in the order.

C12

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

Code of practice

5

An officer shall perform functions conferred on him by virtue of this Act in accordance with any relevant code of practice in operation under paragraph 6.

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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.

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.

7

1

Before issuing a code of practice the Secretary of State shall—

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.