Page:Terrorism Act 2000 (UKPGA 2000-11 qp).pdf/101

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96c. 11
Terrorism Act 2000

Sch. 5

(b) shall specify the period of seven days beginning with the date of notification required under sub-paragraph (2)(a) unless it appears to the judge that a different period would be appropriate in the particular circumstances of the application.

8.—(1) An order under paragraph 5—

(a) shall not confer any right to production of, or access to, items subject to legal privilege, and
(b) shall have effect notwithstanding any restriction on the disclosure of information imposed by statute or otherwise.

(2) Where the material to which an application under paragraph 5 relates consists of information contained in a computer—

(a) an order under paragraph 5(3)(a) shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible, and
(b) an order under paragraph 5(3)(b) shall have effect as an order to give access to the material in a form in which it is visible and legible.

9.—(1) An order under paragraph 5 may be made in relation to material in the possession, custody or power of a government department.

(2) Where an order is made by virtue of sub-paragraph (1)—

(a) it shall be served as if the proceedings were civil proceedings against the department, and
(b) it may require any officer of the department, whether named in the order or not, who may for the time being have in his possession, custody or power the material concerned, to comply with the order.

(3) In this paragraph “government department” means an authorised government department for the purposes of the 1947 c. 44.Crown Proceedings Act 1947.

10.—(1) An order of a Circuit judge under paragraph 5 shall have effect as if it were an order of the Crown Court.

(2) Crown Court Rules may make provision about proceedings relating to an order under paragraph 5.

(3) In particular, the rules may make provision about the variation or discharge of an order.

Excluded or special procedure material: search

11.—(1) A constable may apply to a Circuit judge for the issue of a warrant under this paragraph for the purposes of a terrorist investigation.

(2) A warrant under this paragraph shall authorise any constable—

(a) to enter the premises specified in the warrant,
(b) to search the premises and any person found there, and
(c) to seize and retain any relevant material which is found on a search under paragraph (b).

(3) A warrant under this paragraph shall not authorise—

(a) the seizure and retention of items subject to legal privilege;
(b) a constable to require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves.