The Armed Forces (Entry, Search and Seizure) Order 2006

Notice of exercise of power under article 3 or 4

5.—(1) Where a person exercises a power of seizure conferred by article 3, it shall (subject to paragraphs (2) and (3)) be his duty, on doing so, to give to the occupier of the premises a written notice—

(a) specifying what has been seized in reliance on the powers conferred by that article;

(b) specifying the grounds on which those powers have been exercised;

(c) setting out the effect of articles 12 to 14;

(d) specifying the name and address of the person to whom notice of an application under article 12 for the return of the seized property must be given; and

(e) specifying the name and address of the person to whom an application may be made to be allowed to attend the initial examination required by any arrangements made for the purposes of article 6(2).

(2) Where it appears to the person exercising in relation to any premises a power of seizure conferred by article 3—

(a) that the occupier of the premises is not present at the time of the exercise of the power, but

(b) that there is some other person present who is in charge of the premises,

paragraph (1) shall have effect as if it required the notice under that paragraph to be given to that other person.

(3) Where it appears to the person exercising a power of seizure conferred by article 3 that there is no one present to whom he may give a notice for the purposes of complying with paragraph (1), he shall, before leaving the premises, instead of complying with that paragraph, attach a notice such as is mentioned in that paragraph in a prominent place to the premises.

(4) Where a person exercises a power of seizure conferred by article 4 it shall be his duty, on doing so, to give a written notice to the person from whom the seizure is made—

(a) specifying what has been seized in reliance on the powers conferred by that article;

(b) specifying the grounds on which those powers have been exercised;

(c) setting out the effect of articles 12 to 14;

(d) specifying the name and address of the person to whom notice of an application under article 12 for the return of the seized property must be given; and

(e) specifying the name and address of the person to whom an application may be made to be allowed to attend the initial examination required by any arrangements made for the purposes of article 6(2).