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The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009

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  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2

    1. 3.Stop and search by a service policeman

    2. 4.Record of search by service policeman

    3. 5.Searches under section 76 of the Act

    4. 6.Access to excluded and special procedure material

    5. 7.Application for warrants or orders by live links

    6. 8.Search warrants – safeguards

    7. 9.Execution of warrants

    8. 10.Safeguards and execution of warrants – further provisions

    9. 11.Oaths and affirmations

    10. 12.Search of premises where person arrested

    11. 13.Entry and search after arrest

  4. PART 3

    1. 14.General power of seizure

    2. 15.Extension of powers of seizure to computerised information

    3. 16.Access and copying

    4. 17.Retention

  5. PART 4

    1. 18.Interpretation

    2. 19.Additional powers of seizure from premises

    3. 20.Additional powers of seizure from the person

    4. 21.Notice of exercise of power under article 19 or 20

    5. 22.Examination and return of property seized under article 19 or 20

    6. 23.Obligation to return items subject to legal privilege

    7. 24.Obligation to return excluded and special procedure material

    8. 25.Authorised retention of property

    9. 26.Application of article 17 to property seized under this Part

    10. 27.Person to whom seized property is to be returned

    11. 28.Application to a judge advocate

    12. 29.Cases where duty to secure arises

    13. 30.The duty to secure

    14. 31.Use of inextricably linked property

    15. 32.Copies

  6. PART 5

    1. 33.Relevant offences

    2. 34.Review by a judge advocate of searches and seizures under section 87 or 88 of the Act

  7. PART 6

    1. 35.Transitional provisions

    2. 36.Reference to the Court of Judicature of Northern Ireland

  8. Signature

    1. SCHEDULE 1

      EXCLUDED AND SPECIAL PROCEDURE MATERIAL

      1. Making of orders by judge advocates

        1. 1.If on an application made by a service policeman a...

        2. 2.The first set of access conditions is fulfilled if—

        3. 3.The second set of access conditions is fulfilled if—

        4. 4.The enactments referred to in paragraph 3(b) are—

        5. 5.An order under this paragraph is an order that the...

        6. 6.Where the material consists of information stored in any electronic...

        7. 7.For the purposes of articles 16 and 17 material produced...

      2. Notices of applications for orders

        1. 8.An application for an order under paragraph 5 shall be...

        2. 9.(1) Notice of an application for such an order may...

        3. 10.(1) Subject to sub-paragraph (2), the proper address of a...

        4. 11.Where notice of an application for an order under paragraph...

      3. Issue of warrants by judge advocate

        1. 12.If on an application made by a service policeman a...

        2. 13.A service policeman may seize and retain anything for which...

        3. 14.The further conditions mentioned in paragraph 12(a)(ii) are—

    2. SCHEDULE 2

      OATHS AND AFFIRMATIONS

      1. 1.The service policeman taking the oath shall hold the New...

      2. 2.If the service policeman to whom an oath is administered...

      3. 3.If neither of the forms of oath provided in this...

      4. 4.A service policeman making a solemn affirmation instead of taking...

      5. 5.The oath shall be sworn in the following form: I...

      6. 6.The form of Scottish oath shall be the same as...

      7. 7.The form of affirmation shall be the same as the...

    3. SCHEDULE 3

      LIST OF SERVICE OFFENCES THAT ARE RELEVANT OFFENCES

    4. SCHEDULE 4

      TRANSITIONAL PROVISIONS

      1. 1.Interpretation

      2. 2.Stop and search by a service policeman

      3. 3.Record of search by service policeman

      4. 4.Searches under section 76 of the Act

      5. 5.Search warrants – safeguards

      6. 6.Execution of warrants

      7. 7.Safeguards and execution of warrants – further provisions

      8. 8.Search of premises after arrest

      9. 9.Seizure, copying and retention

      10. 10.(1) Article 16 is modified as follows.

      11. 11.(1) Article 17 is modified as follows.

      12. 12.Additional powers of seizure

      13. 13.Notice of exercise of power under article 19 or 20

      14. 14.Examination and return of property seized under article 19 or 20

      15. 15.Obligation to return items subject to legal privilege

      16. 16.Obligation to return excluded and special procedure material

      17. 17.Authorised retention of property

      18. 18.Application of article 17 to property seized under Part 3

      19. 19.Person to whom seized property is to be returned

      20. 20.Application to a judge advocate

      21. 21.Cases where duty to secure arises

      22. 22.The duty to secure

      23. 23.Use of inextricably linked property

      24. 24.Relevant offences

      25. 25.Review by a judge advocate of searches and seizure

  9. Explanatory Note

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