The Terrorism Act 2000 (Alterations to the Search Powers Code for England and Wales and Scotland) Order 2022

Made: 25th October 2022

Coming into force: 26th October 2022

In accordance with sections 47AB(1)(b), 47AC(3) and 123(4)(ab)[^f00003] of that Act, a draft of this Order was laid before Parliament and approved by resolution of each House of Parliament.

Citation, commencement and extent

1

• (1) This Order may be cited as the Terrorism Act 2000 (Alterations to the Search Powers Code for England and Wales and Scotland) Order 2022 and comes into force on the day after the day on which it is made.

• (2) This Order extends to the United Kingdom.

Alterations to the search powers code for England and Wales and Scotland

2

The alterations to the search powers code for England and Wales and Scotland that were laid before Parliament on 18 July 2022 come into force on the day on which this Order comes into force.

Signed

Tom Tugendhat — Minister of State — Home Office — 25th October 2022

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

The Secretary of State has made alterations to the search powers code for England and Wales and Scotland. The alterations (a) reflect the creation of the new power in section 43C of the Terrorism Act 2000 (c. 11) under which a constable may stop and search terrorist offenders released on licence, and (b) make other minor changes. The new stop and search power applies when a terrorist offender’s licence includes a search condition and the constable is satisfied that the search is necessary for purposes connected with protecting members of the public from a risk of terrorism.

This Order brings the alterations into force following their approval by each House of Parliament.

A copy of the revised code of practice referred to in this instrument is available publicly online atwww.gov.ukand hard copies can be obtained by writing to the Home Office, 2 Marsham Street, London, SW1P 4DF.

A full impact assessment has not been produced for this Order as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Footnotes

[^f00001]: 2000 c. 11. Sections 47AB and 47AC of the Terrorism Act 2000 were inserted by section 62 of the Protection of Freedoms Act 2012 (c. 9).

[^f00002]: Section 47AC(4) of the Terrorism Act 2000 (c. 11) defines “the search powers code” as meaning the code of practice issued under section 47AB of that Act. The search powers code for England and Wales and Scotland was brought into force on 10 July 2012 in accordance with article 2 of S. I. 2012/1794.

[^f00003]: Section 123(4)(ab) of the Terrorism Act 2000 was inserted by the paragraph 25 of Schedule 9 to the Protection of Freedoms Act 2012 (c. 9).