Modifications etc. (not altering text)
C1Pt. VII (ss. 65-113): for the duration of Pt. VII see ss. 112, 113 by virtue of 2000 c. 11, ss. 112(1)(4), 128
Pt. VII (ss. 65-113) continued ( temp. from 19.2.2002 until 18.2.2003) by S.I. 2002/365, art. 2
Pt. VII (ss. 65-113) continued (temp. from 19.2.2003 until 18.2.2004) by The Terrorism Act 2000 (Continuance of Part VII) Order 2003 (S.I. 2003/427), art. 2
Pt. VII (ss. 65-113) continued (temp. from 19.2.2004 until 18.2.2005) by The Terrorism Act 2000 (Continuance of Part VII) Order 2004 (S.I. 2004/431), art. 2
Pt. VII (ss. 65-113) continued (temp. from 19.2.2005 until 18.2.2006) by The Terrorism Act 2000 (Continuance of Part VII) Order 2005 (S.I. 2005/350), art. 2
Pt. VII (except s. 78) continued (temp. from 19.2.2006 until 31.7.2007) by Terrorism (Northern Ireland) Act 2006 (c. 4), s. 1(1)(2)
Pt. VII: power to continue specified provisions conferred (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {1(3)}, 2(1)(2)
C2Pt. VII: saving (at the end of 31.7.2007 in accordance with art. 1(3)) for effect of Terrorism (Northern Ireland) Act 2006 (c. 6), s. 1(2)(b) with transitional provisions and savings in The Terrorism (Northern Ireland) Act 2006 (Transitional Provisions and Savings) Order 2007 (S.I. 2007/2259), arts. 3, 5, Sch.
(1)This section applies to a code of practice under section 99 or 100.
(2)Where the Secretary of State proposes to issue a code of practice he shall—
(a)publish a draft,
(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.
(3)The Secretary of State shall lay a draft of the code before Parliament.
(4)When the Secretary of State has laid a draft code before Parliament he may bring it into operation by order.
(5)The Secretary of State may revise the whole or any part of a code of practice issued by him and issue the code as revised; and subsections (2) to (4) shall apply to such a revised code as they apply to an original code.
[F1(5A)A person on whom powers are conferred or duties are imposed by a designation under section 30 or 31 of the Police (Northern Ireland) Act 2003 shall have regard to any relevant provision of a code of practice to which this section applies in—
(a)the exercise of the powers conferred on him by the designation;
(b)the performance of the duties imposed on him by the designation.]
(6)A failure by a police officer to comply with a provision of a code shall not of itself make him liable to criminal or civil proceedings.
(7)A failure by a member of Her Majesty’s forces to comply with a provision of a code shall not of itself make him liable to any criminal or civil proceedings other than—
(a)proceedings under any provision of the M1Army Act 1955 or the M2Air Force Act 1955 other than section 70 (civil offences), and
(b)proceedings under any provision of the M3Naval Discipline Act 1957 other than section 42 (civil offences).
[F2(7A)A failure by a person designated under section 30 or 31 of the Police (Northern Ireland) Act 2003 to comply with subsection (5A) shall not of itself make him liable to criminal or civil proceedings.]
(8)A code—
(a)shall be admissible in evidence in criminal or 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.
(9)In this section—
“criminal proceedings” includes proceedings in Northern Ireland before a court-martial constituted under the M4Army Act 1955, the M5Air Force Act 1955 or the M6Naval Discipline Act 1957 F3. . . and proceedings in Northern Ireland before the Courts-Martial Appeal Court, and
“police officer” means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.
Textual Amendments
F1S. 101(5A) inserted (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), s. 32(1), Sch. 3 para. 8(2)
F2S. 101(7A) inserted (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), s. 32(1), Sch. 3 para. 8(3)
F3Words in s. 101(9) repealed (28.2.2002) by 2001 c. 19, s. 38, Sch. 7 Pt. 1; S.I. 2002/345, art. 2 (with art. 3)
Commencement Information
I1S. 101 wholly in force at 19.2.2001; s. 101 not in force at Royal Assent see s. 128; s. 101(1)-(5) in force at 12.10.2000 by S.I. 2000/2800, art. 2(b); s. 101(6)-(9) in force at 19.2.2001 by S.I. 2001/421, art. 2
Marginal Citations