Sch. 5
- (a) there is material on the premises which consists of or includes excluded material or special procedure material but does not include items subject to legal privilege,
- (b) the material is likely to be of substantial value, whether by itself or together with other material, to the investigation mentioned in subparagraph (2)(b), and
- (c) an order under paragraph 5 would not be appropriate in relation to the material for the reason mentioned in paragraph 12(4)(a) or (b) or because the investigation mentioned in sub-paragraph (2)(b) might be seriously prejudiced unless a constable can secure immediate access to the material.
(6) An order under sub-paragraph (1)(b) may not be made except in the circumstances specified in sub-paragraphs (4) and (5).
(7) A person commits an offence if he wilfully obstructs a search under this paragraph.
(8) A person guilty of an offence under sub-paragraph (7) shall be liable on summary conviction to—
- (a) imprisonment for a term not exceeding three months,
- (b) a fine not exceeding level 4 on the standard scale, or
- (c) both.
20.—(1) The Secretary of State may exercise the power to make an order under paragraph 5 in relation to any person in Northern Ireland who is specified in the order.
(2) An order shall not be made by virtue of this paragraph unless it appears to the Secretary of State that the information which it would be necessary to provide to a county court judge in support of an application for an order under paragraph 5 would, if disclosed—
- (a) be likely to place any person in danger, or
- (b) be likely to prejudice the capability of members of the Royal Ulster Constabulary to investigate an offence under any of sections 15 to 18 or under section 56.
(3) Paragraphs 5 to 9 shall apply to the making of an order under paragraph 5 by virtue of this paragraph with the following modifications—
- (a) references to a county court judge shall be taken as references to the Secretary of State,
- (b) the references to “a terrorist investigation” in paragraphs 5(1) and 6(2)(a) shall be taken as references to an investigation of the commission, preparation or instigation of an offence under any of sections 15 to 18 or under section 56, and
- (c) the references to “a terrorist investigation” in paragraphs 6(2)(b) and 6(3)(a) shall be taken as references to the investigation mentioned in paragraph 6(2)(a).
(4) Paragraph 10 shall not apply in relation to an order made under paragraph 5 by virtue of this paragraph.
(5) The Secretary of State may vary or revoke an order made by virtue of this paragraph.
(6) A person commits an offence if he contravenes an order made by virtue of this paragraph.
(7) A person guilty of an offence under sub-paragraph (6) shall be liable—
- (a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
