- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
29.—(1) An officer may exercise the power in paragraph (2) only in relation to a document containing classified PRS information which the officer reasonably considers may be required as evidence in proceedings under these Regulations.
(2) An officer may seize and detain a document containing classified PRS information.
(3) An officer seizing a document under this regulation from premises which are occupied must produce evidence of the officer’s identity and authority to an occupier of the premises before seizing them.
(4) An officer need not comply with paragraph (3) if it is not reasonably practicable to do so.
(5) An officer seizing a document under this regulation must take reasonable steps to—
(a)inform the person from whom they are seized that they have been seized, and
(b)provide that person with a written record of what has been seized.
(6) In determining the steps to be taken under paragraph (5), an officer exercising a power under this regulation in England and Wales or Northern Ireland must have regard to any relevant provision about the seizure of property made by—
(a)a code of practice under section 66 of the Police and Criminal Evidence Act 1984, or
(b)a code of practice under article 65 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (as the case may be).
(7) This regulation does not permit an officer to seize any document which the person would be entitled to refuse to produce in civil proceedings in a court—
(a)in England and Wales or Northern Ireland, on the grounds of legal professional privilege, or
(b)in Scotland, on the grounds of confidentiality of communications.
(8) In paragraph (7) “communications” means—
(a)communications between a professional legal adviser and the adviser’s client, or
(b)communications made in connection with or in contemplation of legal proceedings or for the purpose of those proceedings.
(9) A document seized under this regulation may not be detained—
(a)for a period of more than three months beginning with the date on which they were seized, or
(b)where the document is reasonably required to be detained for a longer period by the compliance authority for a purpose for it which was seized, for longer than it is required for that purpose.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: