Statutory Instruments
Police, England And Wales
Made
20th February 2023
Laid before Parliament
22nd February 2023
Coming into force
15th March 2023
The Secretary of State makes these Regulations in exercise of the power conferred by section 94(6) of the Policing and Crime Act 2017(1).
In accordance with section 94(10) of that Act, the revision of the Code of Practice entitled “Code of Practice to be followed by law enforcement officers when arresting a person under the power conferred by section 90 of the Policing and Crime Act 2017” brought into operation by these Regulations is laid before Parliament with these Regulations.
1.—(1) These Regulations may be cited as the Policing and Crime Act 2017 (Maritime Enforcement Powers: Revised Code of Practice) Regulations 2023.
(2) These Regulations come into force on 15th March 2023.
(3) These Regulations extend to England and Wales.
2. The revision of the code of practice entitled “Code of Practice to be followed by law enforcement officers when arresting a person under the power conferred by section 90 of the Policing and Crime Act 2017” issued under section 94 of the Policing and Crime Act 2017 (maritime enforcement powers: code of practice) which is laid before Parliament with these regulations comes into operation on 15th March 2023.
Tom Tugendhat
Minister of State
Home Office
20th February 2023
(This note is not part of these Regulations)
These Regulations bring into force on 15th March 2023 a revised Code of Practice to be followed by law enforcement officers when arresting a person under the power conferred by section 90 of the Policing and Crime Act 2017 (“the Code”). Chapter 5 of Part 4 of the Policing and Crime Act 2017 (c. 3) (“the Act”) sets out the maritime enforcement powers that are available to a law enforcement officer as defined by section 84(3) of the Act. The Code sets out the practice to be followed by such law enforcement officers when arresting a person under the power conferred by section 90 of the Act. Section 90 provides a power to law enforcement officers to arrest without warrant any person whom the law enforcement officer has reasonable grounds to believe to be guilty of an offence under the law of England and Wales that has been, or is being, committed on a ship in relation to which the power of arrest is exercisable.
The Code revises and replaces the code of practice that was brought into operation by the Policing and Crime Act 2017 (Maritime Enforcement Powers: Code of Practice) Regulations 2018 (S.I. 2018/229), under section 94 of the Act. The revisions of the Code have been made because regulations have since been made under section 84 of the Act which specify new categories of law enforcement officer. The additional categories of law enforcement officer specified by regulations made under section 84 of that Act are: members of the Civil Nuclear Constabulary, members of the Royal Navy Police and members of the Ministry of Defence Police.
The Code is available on the gov.uk website. A copy may be obtained from the Home Office at 2 Marsham Street, London, SW1P 4DF. The Code is laid before Parliament with these Regulations.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector or community bodies is foreseen.