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Armed Forces Act 2001

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This is the original version (as it was originally enacted).

3Provisions relating to search under s. 2

This section has no associated Explanatory Notes

(1)The time for which a person or vehicle may be detained for the purposes of a search under section 2 is such time as is reasonably required to permit a search to be carried out either at the place where the person or vehicle was first detained or nearby.

(2)The power conferred by section 2 is not to be construed as authorising a service policeman to require a person to remove any of his clothing in public other than an outer coat, jacket or gloves.

(3)The Secretary of State may by order make provision, in relation to the search of persons or vehicles under section 2 (whether carried out by service policemen or by virtue of section 4 by other persons), which is equivalent to that made by any provision of—

(a)subsections (1) to (7) and (9)(b) of section 2 (provisions relating to search under section 1 of that Act and other powers) of the Police and Criminal Evidence Act 1984 (c. 60) (in this Part referred to as “the 1984 Act”), and

(b)section 3 of that Act (duty to make records concerning searches),

subject to such modifications as the Secretary of State thinks fit.

(4)An order under subsection (3) may, in particular, apply any of the provisions mentioned in paragraphs (a) and (b) of that subsection subject to modifications specified in the order.

(5)Section 2 and this section apply to vessels, aircraft and hovercraft as they apply to vehicles.

(6)Nothing in section 2 limits the powers exercisable on any premises if, or to the extent that, the premises are being used—

(a)for holding persons in custody under any of the services Acts, or

(b)for the accommodation of persons serving military, air-force or naval sentences of detention or imprisonment.

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