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SCHEDULES

SCHEDULE 5U.K. Terrorist Investigations: Information

Part IE+W+N.I. England and Wales and Northern Ireland

Excluded and special procedure material: production & accessE+W+N.I.

7(1)An order under paragraph 5 may be made in relation to—E+W+N.I.

(a)material consisting of or including excluded or special procedure material which is expected to come into existence within the period of 28 days beginning with the date of the order;

(b)a person who the Circuit judge thinks is likely to have any of the material to which the application relates in his possession, custody or power within that period.

(2)Where an order is made under paragraph 5 by virtue of this paragraph, paragraph 5(3) shall apply with the following modifications—

(a)the order shall require the specified person to notify a named [F1appropriate officer (as defined in paragraph 5(6))] as soon as is reasonably practicable after any material to which the application relates comes into his possession, custody or power,

(b)the reference in paragraph 5(3)(a) to material which the specified person has in his possession, custody or power shall be taken as a reference to the material referred to in paragraph (a) above which comes into his possession, custody or power, and

(c)the reference in paragraph 5(3)(c) to the specified period shall be taken as a reference to the period of 28 days beginning with the date of the order.

(3)Where an order is made under paragraph 5 by virtue of this paragraph, paragraph 5(4) shall not apply and the order—

(a)may only specify a person falling within sub-paragraph (1)(b), and

(b)shall specify the period of seven days beginning with the date of notification required under sub-paragraph (2)(a) unless it appears to the judge that a different period would be appropriate in the particular circumstances of the application.

Textual Amendments

F1Words in Sch. 5 para. 7(2)(a) substituted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 41(3)(c), 58(4)(6)

Modifications etc. (not altering text)