The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 and come into force on 30th April 2017.

(2) In these Regulations, “PACE” means the Police and Criminal Evidence Act 1984.

Application of PACE

2.—(1) The provisions of PACE set out in regulation 3 apply in relation to investigations of labour market offences(1) conducted by labour abuse prevention officers(2) as they apply in relation to investigations of offences by police officers.

(2) Those provisions apply with the modifications specified in the Schedule.

Applicable provisions of PACE

3.  The provisions of PACE which apply for the purposes of regulation 2(1) are—

(a) section 1(1) to (3) and (6) (power of constable to stop and search persons, vehicles etc.)(3);

(b) section 2(1) to (3), (8) and (9) (provisions relating to search under section 1 and other powers);

(c) section 3(1), (2), (6), (6A), (7) and (9) (duty to make records concerning searches)(4);

(d) section 8(1) to (5) (power of justice of the peace to authorise entry and search of premises)(5);

(e) section 9(1) and Schedule 1 (special provisions as to access)(6);

(f) section 15 (search warrants - safeguards)(7);

(g) section 16 (execution of warrants)(8);

(h) section 17(1)(a)(i) and (b), (2) and (4) (entry for purpose of arrest etc.)(9);

(i) section 18 (entry and search after arrest)(10);

(j) section 19 (general power of seizure etc.)(11);

(k) section 20 (extension of powers of seizure to computerised information)(12);

(l) section 21(1) to (9) (access and copying)(13);

(m) section 22(1), (2)(a), (3), (4) and (7) (retention)(14);

(n) section 24(1)(b) and (d), (2) to (4) and (5)(a), (b), (c)(i) to (iii), (d), (e) and (f) (arrest without warrant: constables)(15);

(o) section 28 (information to be given on arrest);

(p) section 29 (voluntary attendance at police station etc.);

(q) section 30(1)(a), (1A), (1B) and (7) to (11) (arrest elsewhere than at police station)(16);

(r) section 32(1) to (9) (search upon arrest)(17);

(s) section 43 (warrants of further detention)(18);

(t) section 44 (extension of warrants of further detention)(19);

(u) section 77 (confessions by mentally handicapped persons)(20);

(v) section 117 (power of constable to use reasonable force); and

(w) sections 10 to 14, 23, 82 and 118 (interpretation provisions)(21), to the extent relevant to the sections mentioned in paragraphs (a) to (v).

Transitional provision

4.  Until section 20(2) of the Policing and Crime Act 2017(22) comes into force, regulation 3(1) is to be read as if for “section 21(1) to (9)” there were substituted “section 21”.

Amber Rudd

Secretary of State

Home Office

3rd April 2017