Paragraph 4 I1

(1)

This paragraph applies to a code of practice under paragraph 3.

(2)

Where the Secretary of State proposes to issue a code of practice he shall—

(a)

publish a draft,

(b)

consider any representations made to him about the draft, and

(c)

if he thinks it appropriate, modify the draft in the light of any representations made to him.

(3)

The Secretary of State shall lay a draft of the code before Parliament.

(4)

When the Secretary of State has laid a draft code before Parliament he may bring it into operation by order.

(5)

The Secretary of State may revise a code and issue the revised code; and sub-paragraphs (2) to (4) shall apply to a revised code as they apply to an original code.

(6)

The failure by a constable to observe a provision of a code shall not of itself make him liable to criminal or civil proceedings.

(7)

A code—

(a)

shall be admissible in evidence in criminal and civil proceedings, and

(b)

shall be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.

Annotations

Commencement

I1: Sch. 8 Pt. I para. 4 partly in force; Sch. 8 Pt. I para. 4 not in force at Royal Assent see s. 128; Sch. 8 Pt. I para. 4(1)-(5) in force at 12.10.2000 by S.I. 2000/2800, art. 2(c)(ii); Sch. 8 in force at 19.2.2001 in so far as not already in force by S.I. 2001/421, art. 2

Notes on Schedule 8

Textual amendments

F1: Words in Sch. 8 shoulder note substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 184(2)(a), 208(5)(w)

Modifications

C1: Schs. 7, 8, 14 extended (with modifications) (coming into force in accordance with art. 1(2) of the extending S.I.) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 11(1)(b), Sch. 2 (as amended (31.3.2021) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(7)(b)(ii)(iii))
C2: Sch. 8 applied (with modifications) (25.7.2006) by Terrorism Act 2006 (c. 11), s. 25(1)(3)(4); S.I. 2006/1936, art. 2

Notes on Part I

Textual amendments

F1: Words in Sch. 8 Pt. 1 heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 184(2)(b), 208(5)(w)