Explanatory note

This Order brings into operation the revised and consolidated code of practice (“the Code”) issued under paragraph 6(1) and (4) of Schedule 14 to the Terrorism Act 2000 (“the Act”) in connection with the exercise by examining officers and review officers of functions conferred on them by the Act. The Code revises the preceding code of practice to take account of amendments made to Schedules 7, 8 and 14 to the Act by the Anti-Social Behaviour, Crime and Policing Act 2014^f1 which restrict the scope for exercise of powers and provide for further safeguards on their exercise. The Code consolidates the revised code issued under paragraph 6(4) of Schedule 14 to the Act with further codes of practice issued under paragraph 6(1) of Schedule 14 to the Act. The further codes were issued to fulfil the duties contained in paragraph 1A of Schedule 7 to the Act and paragraph 20K(7) to (8) of Schedule 8 to the Act (as inserted by the Anti-Social Behaviour, Crime and Policing Act 2014) to issue codes of practice relating to the training and designation procedure applicable to examining officers and review officers.

Schedule 7 to the Act permits examining officers covered by the Code to stop, question and detain persons for the purpose of determining whether they are a person who is or has been concerned in the commission, preparation or instigation of acts of terrorism.

Schedule 8 to the Act permits examining officers covered by the Code to take detained persons to places of detention for examination under Schedule 7 and to take steps that are reasonably necessary to identify a detained person. Schedule 8 to the Act provides safeguards on the exercise of Schedule 7 powers including the provision of access to legal advice at public expense and the periodic review of detention by a review officer senior to the examining officer.

Article 3 of the Order provides that where a person begins exercising any power conferred by virtue of Schedule 7 or 8 to the Terrorism Act 2000 before the Code comes into operation and continues to exercise the power after the Code has come into operation, then the Code is applicable to the exercise of that power from the time it comes into force.