Section 73 Contents of code of practice

(1)

The Scottish Ministers must make a code of practice about the carrying out of a search of a person who is not in police custody.

(2)

A code of practice must set out (in particular)—

(a)

the circumstances in which a search of such a person may be carried out,

(b)

the procedure to be followed in carrying out such a search,

(c)

in relation to such a search—

(i)

the record to be kept,

(ii)

the right of someone to receive a copy of the record.

(3)

A code of practice is to apply to the functions exercisable by a constable.

(4)

In this section—

“constable” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012,
“police custody” has the same meaning as given for the purposes of Part 1 (see section 64).

(5)

In this Chapter, a reference to a code of practice means one required by subsection (1) (but see also section 74(5)).

Notes on Part 2

C1: Pt. 2 applied (with modifications) by 2003 c. 20, s. 31A (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 2 (with art. 6))
C2: Pt. 2 applied (with modifications) by 2004 c. 20, s. 56A (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 3 (with art. 6))
C3: Pt. 2 applied (with modifications) by 1987 c. 4, s. 2D (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 1 (with art. 6))