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PART VIII |
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GENERAL |
| Police powers. |
114. - (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 7).
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(3) Where anything is seized by a constable under a power conferred by virtue of this Act, it may (unless the contrary intention appears) be retained for so long as is necessary in all the circumstances.
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| Officers' powers. |
115. Schedule 14 (which makes provision about the exercise of functions by authorised officers for the purposes of sections 25 to 31 and examining officers for the purposes of Schedule 7) shall have effect.
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| Powers to stop and search. |
116. - (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. |
117. - (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 subsection (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 7, |
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(d) paragraph 12 of Schedule 12, or |
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| Crown servants, regulators, &c. |
118. - (1) The Secretary of State may make regulations providing for sections 15 to 23 and 39 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 19 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. |
119. - (1) A document which purports to be-
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(a) a notice or direction given or order made 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 or made 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 or order made 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) In subsections (1) and (2) a reference to an order does not include a reference to an order made by statutory instrument.
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(4) 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.
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