Powers of Entry etc. Bill [HL]

1: After Clause 8, insert the following new Clause— "Code of practice (1) It shall be the duty of the Secretary of State to issue a code of practice for authorised persons in connection with powers of entry. (2) The code of practice must contain guidance on— (a) the tape-recording of interviews with a person; (b) the visual recording of interviews with a person; (c) the searching of a person who is not under arrest; (d) the searching of vehicles without making an arrest; (e) the arrest of a person; (f) the detention, treatment, questioning and identification of a person; (g) the searching of premises; (h) the seizure of property found on a person or premises. (3) In this section— (a) references to "a person" are references to a person suspected of the commission of criminal offences; (b) references to a "visual recording" include references to a visual recording in which an audio recording is comprised. (4) The Secretary of State may at any time revise the whole or any part of the code of practice. (5) The code may be made, or revised, so as to— (a) apply only in relation to one or more specified areas; (b) have effect only for a specified period; (c) apply only in relation to specified offences. (6) Before issuing a code, or any revision of a code, the Secretary of State must consult all those authorities, enterprises and bodies who have powers of entry under the Acts and instruments listed in the Schedule. (7) The code, or a revision of the code, does not come into operation until the Secretary of State by order so provides. (8) An order under subsection (7) shall be made by statutory instrument and shall not be made unless a draft has been laid before, and approved by a resolution of, both Houses of Parliament. (9) When an order or draft of an order is laid before Parliament, the code or revision of the code to which it relates must also be laid. (10) No order or draft of an order may be laid until the consultation required by subsection (6) has taken place. (11) An order bringing a code, or a revision of a code, into operation may include transitional or saving provisions."