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The Police and Criminal Evidence Act 1984 (Codes of Practice No. 5) Order 1998

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 1998, ISBN 0110799208 · Made 8 December 1998

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Order made by the Secretary of State, laid before Parliament under section 67(5) of the Police and Criminal Evidence Act 1984, for approval by resolution of each House of Parliament

POLICE

Made 8th December 1998

Laid before Parliament 15th December 1998

Coming into force 1st March 1999

Whereas, the Secretary of State has issued a code of practicef1 in connection with the exercise by police officers of statutory powers to search a person without first arresting him and to search a vehicle without making an arrest and may, under section 67(7) of the Police and Criminal Evidence Act 1984f2 revise the whole or any part of the code of practice and issue a revised code;

And, whereas, in accordance with section 67(7) of that Act the Secretary of State has revised that code of practice and issued a revised codef3;

And, whereas, in accordance with section 67(1) of that Act the Secretary of State has prepared and published a draft revised code in connection with those powers, has considered representations made to him about it and modified it accordingly;

And whereas in accordance with section 67(3) of that Act the Secretary of State has laid a draft of that revised code before Parliament;

Now, therefore, the Secretary of State in exercise of the powers conferred on him by section 67(4) and (6) of that Act, hereby orders as follows:

Annotations to the whole text

Footnotes

f1

The code of practice was brought into force by S.I. 1995/450.

f2

1984 c. 60.

f3

The revised code was brought into force by S.I. 1997/1159.

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Explanatory note

1

This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice No. 5) Order 1998 and shall come into force on 1st March 1999.

2

The revised code of practice laid in draft before Parliament on 7th December 1998 in connection with the matters referred to in section 66(a) of the Police and Criminal Evidence Act 1984 shall come into operation on 1st March 1999.

Signature

Paul Boateng

Minister of State

Home Office

8th December 1998

Explanatory note

(This note is not part of the Order)

This Order appoints 1st March 1999 as the date on which a revised code of practice under section 66(a) of the Police and Criminal Evidence Act 1984 will come into operation. It supersedes the revised code which has been in operation since 15th May 1997.

The code of practice will be published by The Stationery Office; copies may be obtained from their bookshops.