Page:Police and Criminal Evidence Act 1984.pdf/72

66c. 60

66. The Secretary of State shall issue codes of practice in connection with—
 * (a) the exercise by police officers of statutory powers—
 * (i) to search a person without first arresting him; or
 * (ii) to search a vehicle without making an arrest;
 * (b) the detention, treatment, questioning and identification of persons by police officers;
 * (c) searches of premises by police officers; and
 * (d) the seizure of property found by police officers on persons or premises.

67.—(1) When the Secretary of State proposes to issue a code of practice to which this section applies, he shall prepare and publish a draft of that code, shall consider any representations made to him about the draft and may modify the draft accordingly.

(2) This section applies to a code of practice under section 60 or 66 above.

(3) The Secretary of State shall lay before both Houses of Parliament a draft of any code of practice prepared by him under this section.

(4) When the Secretary of State has laid the draft of a code before Parliament, he may bring the code into operation by order made by statutory instrument.

(5) No order under subsection (4) above shall have effect until approved by a resolution of each House of Parliament.

(6) An order bringing a code of practice into operation may contain such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient in connection with the code of practice thereby brought into operation.

(7) The Secretary of State may from time to time revise the whole or any part of a code of practice to which this section applies and issue that revised code; and the foregoing provisions of this section shall apply (with appropriate modifications) to such a revised code as they apply to the first issue of a code.

(8) A police officer shall be liable to disciplinary proceedings for a failure to comply with any provision of such a code unless such proceedings are precluded by section 104 below.