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

Seizure, copying and retention

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

(2) In paragraph (1)—

(a) the reference to a power of seizure conferred by or under Part 3 of the Act includes a power of seizure conferred by or under Part 2 of the 2001 Act; and

(b) the reference to a requirement made by virtue of article 14 or 15 includes a requirement made by virtue of article 14 or 15 of the 2003 Order.

(3) The powers of seizure to which article 17(3) relates include—

(a) those conferred by section 54(4)(a) of PACE as applied to investigations of offences conducted under either of the 1955 Acts or the 1957 Act, or to persons under arrest or in custody under any of those Acts, by virtue of an Order made under section 113(1) of PACE; and

(b) those conferred by section 10(10) or (11) of the 2001 Act.

(4) In article 17(4)—

(a) the reference to a thing seized on the grounds that the person searched may use it to assist him to escape from service custody includes a thing seized on the grounds that that person might use it to assist him to escape from military, air-force or naval custody; and

(b) the reference to a person who is no longer in service custody includes a person who was released from military, air-force or naval custody before commencement.

(5) In article 17(6) the reference to a person authorised under article 9(2) includes a person authorised under article 9(2) of the 2003 Order.