Terrorism Bill - continued        House of Commons

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SCHEDULE 12
 
  EXERCISE OF OFFICERS' POWERS
 
General
     1. In this Schedule an "officer" means-
 
 
    (a) an authorised officer within the meaning given by section 23, and
 
    (b) an examining officer within the meaning of Schedule 6.
     2. An officer may enter a vehicle (within the meaning of section 116) for the purpose of exercising any of the functions conferred on him by virtue of this Act.
 
     3. An officer 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).
 
 
Information
     4. - (1) Information acquired by an officer may be supplied-
 
 
    (a) to the Secretary of State for use in relation to immigration;
 
    (b) to the Commissioners of Customs and Excise or a customs officer;
 
    (c) to a constable;
 
    (d) to the Director General of the National Criminal Intelligence Service or of the National Crime Squad;
 
    (e) to a person specified by order of the Secretary of State for use of a kind specified in the order.
      (2) Information acquired by a customs officer or an immigration officer may be supplied to an examining officer within the meaning of Schedule 6.
 
 
Code of practice
     5. An officer shall perform functions conferred on him by virtue of this Act in accordance with any relevant code of practice in operation under paragraph 6.
 
     6. - (1) The Secretary of State shall issue codes of practice about the exercise by officers of functions conferred on them by virtue of this Act.
 
      (2) The Secretary of State shall, in particular, issue a code of practice about the audio recording of interviews which are the subject of an order under paragraph 9 of Schedule 7.
 
      (3) The failure by an officer to observe a provision of a code shall not of itself make him liable to criminal or civil proceedings.
 
      (4) 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.
      (5) The Secretary of State may revise a code and issue the whole or part of the revised code.
 
     7. - (1) Before issuing a code of practice the Secretary of State shall-
 
 
    (a) publish a draft code,
 
    (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.
      (2) The Secretary of State shall lay a draft of the code before Parliament.
 
      (3) When the Secretary of State has laid a draft code before Parliament he may bring it into operation by order.
 
      (4) This paragraph has effect in relation to the issue of the whole or part of a revised code as it has effect in relation to the issue of a code.
 
 
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