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Terrorism Act 2000

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Terrorism Act 2000, Cross Heading: Excluded or special procedure material: search is up to date with all changes known to be in force on or before 11 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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Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

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 S. 16 repealed (31.10.2013) by 2012 c. 9, Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(d))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 S. 16 repealed (31.10.2013) by 2012 c. 9, Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(d))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 Ss. 16-19 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))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 Ss. 16-19 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))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 Ss. 16-19 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))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)

Excluded or special procedure material: searchE+W+N.I.

11(1)A constable may apply to a Circuit judge [F1or a District Judge (Magistrates' Courts)] for the issue of a warrant under this paragraph for the purposes of a terrorist investigation.E+W+N.I.

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

(a)to enter [F2premises mentioned in sub-paragraph (3A)] ,

(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.

[F3(3A)The premises referred to in sub-paragraph (2)(a) are—

(a)one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”); or

(b)any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).]

(4)For the purpose of sub-paragraph (2)(c) material is relevant if the constable has reasonable grounds for believing that it is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation.

[F4(5)Criminal Procedure Rules may make provision about proceedings relating to a warrant under this paragraph.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in Sch. 5 para. 11(1) 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)

F2Words in Sch. 5 para. 11(2)(a) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 26(7); S.I. 2006/1013, art. 2

F3Sch. 5 para. 11(3A) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 26(8); S.I. 2006/1013, art. 2

F4Sch. 5 para. 11(5) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 82(4), 115(7); S.I. 2015/994, art. 6(o)

Modifications etc. (not altering text)

C1Sch. 5 para. 11: power(s) of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para. 71; S.I. 2003/708, art. 2

C2Sch. 5 para. 11: power(s) of seizure extended (1.4.2003) by 2001 c. 16, ss. 51-54, 68, Sch. 1 Pt. 2 para. 83; S.I. 2003/708, art. 2

12(1)A Circuit judge [F5or a District Judge (Magistrates' Courts)] may grant an application [F6for a specific premises warrant] under paragraph 11 if satisfied that an order made under paragraph 5 in relation to material on the premises specified in the application has not been complied with.E+W+N.I.

(2)A Circuit judge [F5or a District Judge (Magistrates' Courts)] may also grant an application [F6for a specific premises warrant] under paragraph 11 if satisfied that there are reasonable grounds for believing that—

(a)there is material on premises specified in the application which consists of or includes excluded material or special procedure material but does not include items subject to legal privilege, and

(b)the conditions in sub-paragraphs (3) and (4) are satisfied.

[F7(2A)A Circuit judge or a District Judge (Magistrates' Courts) may grant an application for an all premises warrant under paragraph 11 if satisfied—

(a)that an order made under paragraph 5 has not been complied with, and

(b)that the person specified in the application is also specified in the order.

(2B)A Circuit judge or a District Judge (Magistrates' Courts) may also grant an application for an all premises warrant under paragraph 11 if satisfied that there are reasonable grounds for believing—

(a)that there is material on premises to which the application relates which consists of or includes excluded material or special procedure material but does not include items subject to legal privilege, and

(b)that the conditions in sub-paragraphs (3) and (4) are met.]

(3)The first condition is that—

(a)the warrant is sought for the purposes of a terrorist investigation, and

(b)the material is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation.

(4)The second condition is that it is not appropriate to make an order under paragraph 5 in relation to the material because—

(a)it is not practicable to communicate with any person entitled to produce the material,

(b)it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to [F8premises to which the application for the warrant relates] , or

(c)a terrorist investigation may be seriously prejudiced unless a constable can secure immediate access to the material.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F5Words in Sch. 5 para. 12(1)(2) 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)

F6Words in Sch. 5 para. 12(1)(2) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 26(9); S.I. 2006/1013, art. 2

F7Sch. 5 para. 12(2A)(2B) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 26(10); S.I. 2006/1013, art. 2

F8Words in Sch. 5 para. 12(4)(b) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 26(11); S.I. 2006/1013, art. 2

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