Part 4Police powers
CHAPTER 5Maritime enforcement: English and Welsh offences
Supplementary provision
I1I294Maritime enforcement powers: code of practice
1
The Secretary of State must prepare and issue a code of practice in respect of the practice to be followed by law enforcement officers when arresting a person under the power conferred by section 90.
2
The code must, in particular, provide guidance as to the information to be given to the person at the time of arrest (whether about procedural rights or other matters).
3
A failure of a law enforcement officer to comply with any provision of the code does not of itself render the law enforcement officer liable to any criminal or civil proceedings.
4
The code—
a
is admissible in evidence in criminal and civil proceedings, and
b
may be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.
5
The Secretary of State may at any time revise the whole or any part of the code.
6
The code, or any revision of the code, does not come into operation until the Secretary of State so provides by regulations.
7
Regulations under this section are to be made by statutory instrument.
8
A statutory instrument containing regulations under this section that bring the code into operation may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
9
A statutory instrument containing regulations under this section that bring a revision of the code into operation must be laid before Parliament (if the regulations are made without a draft having been laid and approved as mentioned in subsection (8)).
10
Where a statutory instrument, or draft of a statutory instrument, is laid under this section, the code or revision of the code to which it relates must also be laid.