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Terrorism Act 2000

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Terrorism Act 2000, Section 5 is up to date with all changes known to be in force on or before 17 December 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • Sch. 4 para. 11(1)(aa) inserted by 2003 c. 44 Sch. 36 para. 14(2)
  • Sch. 4 para. 11(2A) inserted by 2003 c. 44 Sch. 36 para. 14(3)
  • Sch. 4 para. 11(1)(aa) words substituted by 2015 c. 2 Sch. 11 para. 17(2)
  • Sch. 4 para. 11(2A) words substituted by 2015 c. 2 Sch. 11 para. 17(3)
  • Sch. 8 para. 18(4) inserted by 2016 asp 1 sch. 2 para. 37(a)(ii)
  • Sch. 8 para. 14(2A) inserted by 2008 c. 28 s. 16(3) (This amendment not applied to legislation.gov.uk. S. 16 repealed (31.10.2013) by 2012 c. 9, Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(d))
  • Sch. 8 para. 14(4)(ba) inserted by 2008 c. 28 s. 16(5) (This amendment not applied to legislation.gov.uk. S. 16 repealed (31.10.2013) by 2012 c. 9, Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(d))
  • Sch. 8 para. 15(1)(aa) (ab) inserted by 2010 c. 17 s. 17(4)(b) (This amendment not applied to legislation.gov.uk. Ss. 16-19 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))
  • Sch. 8 para. 15(2A) inserted by 2010 c. 17 s. 17(7) (This amendment not applied to legislation.gov.uk. Ss. 16-19 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))
  • Sch. 8 para. 15(4) inserted by 2010 c. 17 s. 17(8) (This amendment not applied to legislation.gov.uk. Ss. 16-19 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))
  • Sch. 8 para. 14-14I substituted for Sch. 8 para. 14 by 2010 c. 17 s. 17(2) (This amendment not applied to legislation.gov.uk. Ss. 16-19 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))
  • Sch. 8 para. 20(3)-(3C) substituted for Sch. 8 para. 20(3) by 2010 c. 17 s. 18(2)(a) (This amendment not applied to legislation.gov.uk. Ss. 16-19 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))
  • Sch. 8 para. 18(2)(ab)(ac) substituted for word by 2016 asp 1 sch. 2 para. 37(a)(i)
This section has no associated Explanatory Notes

5(1)[F1An appropriate officer] may apply to a Circuit judge [F2or a District Judge (Magistrates' Courts)] for an order under this paragraph for the purposes of a terrorist investigation.E+W+N.I.

[F3(1A)Where the appropriate officer is a counter-terrorism financial investigator, the officer may apply for an order under this paragraph only for the purposes of a terrorist investigation so far as relating to terrorist property.]

(2)An application for an order shall relate to particular material, or material of a particular description, which consists of or includes excluded material or special procedure material.

(3)An order under this paragraph may require a specified person—

(a)to produce to [F4an appropriate officer] within a specified period for seizure and retention any material which he has in his possession, custody or power and to which the application relates;

(b)to give [F5an appropriate officer] access to any material of the kind mentioned in paragraph (a) within a specified period;

(c)to state to the best of his knowledge and belief the location of material to which the application relates if it is not in, and it will not come into, his possession, custody or power within the period specified under paragraph (a) or (b).

(4)For the purposes of this paragraph—

(a)an order may specify a person only if he appears to the Circuit judge [F6or the District Judge (Magistrates' Courts)] to have in his possession, custody or power any of the material to which the application relates, and

(b)a period specified in an order shall be the period of seven days beginning with the date of the order unless it appears to the judge that a different period would be appropriate in the particular circumstances of the application.

(5)Where a Circuit judge [F2or a District Judge (Magistrates' Courts)] makes an order under sub-paragraph (3)(b) in relation to material on any premises, he may, on the application of a constable, order any person who appears to the judge to be entitled to grant entry to the premises to allow any constable to enter the premises to obtain access to the material.

[F7(6)“Appropriate officer” means—

(a)a constable, or

(b)a counter-terrorism financial investigator.]

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Amendments (Textual)

F1Words in Sch. 5 para. 5(1) substituted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 41(3)(a)(i), 58(4)(6)

F2Words in Sch. 5 para. 5(1)(5) inserted (1.4.2005) by Courts Act 2003 (c. 39), s. 65(2), Sch. 4 para. 9(a); S.I. 2005/910, art. 3(u)

F3Sch. 5 para. 5(1A) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 41(3)(a)(ii), 58(4)(6)

F4Words in Sch. 5 para. 5(3)(a) substituted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 41(3)(a)(iii), 58(4)(6)

F5Words in Sch. 5 para. 5(3)(b) substituted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 41(3)(a)(iv), 58(4)(6)

F6Words in Sch. 5 para. 5(4)(a) inserted (1.4.2005) by Courts Act 2003 (c. 39), s. 65(2), Sch. 4 para. 9(b); S.I. 2005/910, art. 3(u)

F7Sch. 5 para. 5(6) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 41(3)(a)(v), 58(4)(6)

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