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PART VIII |
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GENERAL |
Police powers. |
110. - (1) A power conferred by virtue of this Act on a constable- |
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(a) is additional to powers which he has at common law or by virtue of any other enactment, and |
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(b) shall not be taken to affect those powers. |
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(2) A constable may if necessary use reasonable force for the purpose of exercising a power conferred on him by virtue of this Act (apart from paragraphs 2 and 3 of Schedule 6). |
Officers' powers. |
111. Schedule 12 (which makes provision about the exercise of functions by authorised officers for the purposes of sections 24 to 30 and examining officers for the purposes of Schedule 6) shall have effect. |
Powers to stop and search. |
112. - (1) A power to search premises conferred by virtue of this Act shall be taken to include power to search a container. |
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(2) A power conferred by virtue of this Act to stop a person includes power to stop a vehicle (other than an aircraft which is airborne). |
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(3) A person commits an offence if he fails to stop a vehicle when required to do so by virtue of this section. |
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(4) A person guilty of an offence under subsection (3) shall be liable on summary conviction to- |
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(a) imprisonment for a term not exceeding six months, |
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(b) a fine not exceeding level 5 on the standard scale, or |
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Consent to prosecution. |
113. - (1) Subject to subsection (3), proceedings shall not be instituted in England and Wales for an offence under any provision of this Act without the consent of the Director of Public Prosecutions. |
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(2) Subject to subsections (3), proceedings shall not be instituted in Northern Ireland for an offence under any provision of this Act without the consent of the Director of Public Prosecutions for Northern Ireland. |
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(3) Subsections (1) and (2) do not apply in relation to an offence under- |
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(c) paragraph 18 of Schedule 6, or |
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(d) paragraph 12 of Schedule 11. |
Crown servants, regulators, &;c. |
114. - (1) The Secretary of State may make regulations providing for sections 14 to 22 and 37 to apply to persons in the public service of the Crown. |
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(2) The Secretary of State may make regulations providing for section 18 not to apply to persons who are in his opinion performing or connected with the performance of regulatory, supervisory, investigative or registration functions of a public nature. |
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(3) Regulations- |
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(a) may make different provision for different purposes, |
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(b) may make provision which is to apply only in specified circumstances, and |
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(c) may make provision which applies only to particular persons or to persons of a particular description. |
Evidence. |
115. - (1) A document which purports to be- |
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(a) a notice or direction given by the Secretary of State for the purposes of a provision of this Act, and |
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(b) signed by him or on his behalf, |
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shall be received in evidence and shall, until the contrary is proved, be deemed to have been given by the Secretary of State. |
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(2) A document bearing a certificate which- |
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(a) purports to be signed by or on behalf of the Secretary of State, and |
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(b) states that the document is a true copy of a notice or direction given by the Secretary of State for the purposes of a provision of this Act, |
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shall be evidence (or, in Scotland, sufficient evidence) of the document in legal proceedings. |
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(3) The Documentary Evidence Act 1868 shall apply to an authorisation given in writing by the Secretary of State for the purposes of this Act as it applies to an order made by him. |
Interpretation. |
116. In this Act- |
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"act" and "action" include omission, |
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"article" includes substance and any other thing, |
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"customs officer" means an officer commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979, |
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"dwelling" means a building or part of a building used as a dwelling, and a vehicle which is habitually stationary and which is used as a dwelling, |
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(a) an article or substance manufactured for the purpose of producing a practical effect by explosion,
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(b) materials for making an article or substance within paragraph (a),
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(c) anything used or intended to be used for causing or assisting in causing an explosion, and
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(d) a part of anything within paragraph (a) or (c),
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"firearm" includes an air gun or air pistol, |
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"immigration officer" means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971, |
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"the Islands" means the Channel Islands and the Isle of Man, |
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"organisation" includes any association or combination of persons, |
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"premises" includes any place and in particular includes- |
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(b) an offshore installation within the meaning given in section 44 of the Petroleum Act 1998, and
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(c) a tent or moveable structure,
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"property" includes property wherever situated and whether real or personal, heritable or moveable, and things in action and other intangible or incorporeal property, |
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"public place" means a place to which members of the public have or are permitted to have access, whether or not for payment, |
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"road" has the same meaning as in the Road Traffic Act 1988 (in relation to England and Wales), the Roads (Scotland) Act 1984 (in relation to Scotland) and the Road Traffic Regulation (Northern Ireland) Order 1997 (in relation to Northern Ireland), and includes part of a road, and |
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"vehicle", except in sections 46 to 50 and Schedule 6, includes an aircraft, hovercraft, train or vessel. |