The Terrorism Act 2000 (Alterations to the Search Powers Code for England and Wales and Scotland) Order 2022

Statutory Instruments

2022 No. 1087

Prevention And Suppression Of Terrorism

The Terrorism Act 2000 (Alterations to the Search Powers Code for England and Wales and Scotland) Order 2022

Made

25th October 2022

Coming into force

26th October 2022

The Secretary of State makes the following Order in exercise of the powers conferred by sections 47AB(1)(b) and (2) and 47AC(1)(b) and (3) of the Terrorism Act 2000(1).

The Secretary of State:

(a) has, in accordance with section 47AC(1)(b) of that Act, prepared alterations to the search powers code for England and Wales and Scotland(2);

(b) has, in accordance with section 47AC(2) of that Act, consulted the Lord Advocate and such other persons as considered appropriate, before preparing those alterations;

(c) has, in accordance with sections 47AB(1)(a) and 47AC(3) of that Act, laid those alterations before Parliament.

In accordance with sections 47AB(1)(b), 47AC(3) and 123(4)(ab)(3) of that Act, a draft of this Order was laid before Parliament and approved by resolution of each House of Parliament.

Citation, commencement and extent

1.—(1) This Order may be cited as the Terrorism Act 2000 (Alterations to the Search Powers Code for England and Wales and Scotland) Order 2022 and comes into force on the day after the day on which it is made.

(2) This Order extends to the United Kingdom.

Alterations to the search powers code for England and Wales and Scotland

2.  The alterations to the search powers code for England and Wales and Scotland that were laid before Parliament on 18 July 2022 come into force on the day on which this Order comes into force.

Tom Tugendhat

Minister of State

Home Office

25th October 2022

EXPLANATORY NOTE

(This note is not part of the Order)

The Secretary of State has made alterations to the search powers code for England and Wales and Scotland. The alterations (a) reflect the creation of the new power in section 43C of the Terrorism Act 2000 (c. 11) under which a constable may stop and search terrorist offenders released on licence, and (b) make other minor changes. The new stop and search power applies when a terrorist offender’s licence includes a search condition and the constable is satisfied that the search is necessary for purposes connected with protecting members of the public from a risk of terrorism.

This Order brings the alterations into force following their approval by each House of Parliament.

A copy of the revised code of practice referred to in this instrument is available publicly online at www.gov.uk and hard copies can be obtained by writing to the Home Office, 2 Marsham Street, London, SW1P 4DF.

A full impact assessment has not been produced for this Order as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

2000 c. 11. Sections 47AB and 47AC of the Terrorism Act 2000 were inserted by section 62 of the Protection of Freedoms Act 2012 (c. 9).

(2)

Section 47AC(4) of the Terrorism Act 2000 (c. 11) defines “the search powers code” as meaning the code of practice issued under section 47AB of that Act. The search powers code for England and Wales and Scotland was brought into force on 10 July 2012 in accordance with article 2 of S. I. 2012/1794.

(3)

Section 123(4)(ab) of the Terrorism Act 2000 was inserted by the paragraph 25 of Schedule 9 to the Protection of Freedoms Act 2012 (c. 9).