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5(1)A power under paragraph 3(4) is not exercisable unless the person exercising the power has reasonable grounds for believing—
(a)that its exercise may assist the investigation, and
(b)in the case of the seizure of anything, that the seizure is necessary to prevent the thing being concealed, lost, damaged, altered or destroyed.
(2)The power under paragraph 3(4)(b) includes power to require any information that is stored in an electronic form and is on, or accessible from, the land to be produced in a form—
(a)in which it can be taken away, and
(b)in which it is legible or from which it can readily be produced in a legible form.
(3)A power under paragraph 3(4) does not apply to any item that the person by whom the power is exercisable has reasonable grounds for believing to be subject to legal privilege.
(4)Anything that has been seized or taken away under paragraph 3 may be retained for so long as is necessary in all the circumstances.
(5)A person on whom a power is conferred by virtue of paragraph 3 may use reasonable force, if necessary, in the exercise of the power.
(6)In this paragraph “subject to legal privilege”, in relation to an item, has the meaning given by section 10 of the Police and Criminal Evidence Act 1984 (c. 60).
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