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Armed Forces Act 2006

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This is the original version (as it was originally enacted).

88Power of CO to authorise entry and search by other persons
This section has no associated Explanatory Notes

(1)An officer may authorise a person subject to service law (other than a service policeman) to enter and search service living accommodation within subsection (3) if the officer has reasonable grounds for believing—

(a)that the conditions mentioned in section 83(1)(b)(i) to (v) are satisfied in relation to the premises (the reference in section 83(2)(e) to a service policeman being read as a reference to a person authorised under this subsection); and

(b)that it is likely that the purpose of the search would be frustrated or seriously prejudiced if no search could be carried out before the time mentioned in subsection (2).

(2)That time is the earliest time by which it would be practicable—

(a)to obtain the assistance of a service policeman; or

(b)in a case where a member of a UK police force could obtain a warrant under section 8 of PACE or any other enactment authorising the entry and search of the premises, for a member of such a force to obtain and execute such a warrant.

(3)Service living accommodation is within this subsection if it is—

(a)service living accommodation of a person whose commanding officer is the officer mentioned in subsection (1); and

(b)within section 96(1)(b) or (c).

(4)A person authorised under subsection (1) may seize and retain anything for which the search under that subsection was authorised; but this is subject to section 89.

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