Supplementary

13Effect of notice of application

(1)

Where notice of an application for an overseas production order is served on a person (whether under section 12 or otherwise), the person must not—

(a)

conceal, destroy, alter or dispose of any of the electronic data specified or described in the application for the order, or

(b)

disclose the making of the application or its contents to any person.

(2)

But a person on whom notice of an application for an overseas production order is served may do something mentioned in paragraph (a) or (b) of subsection (1)—

(a)

with the leave of a judge, or

(b)

with the written permission of the appropriate officer who made the application or an equivalent appropriate officer.

(3)

Where no overseas production order is made on the application, the duty imposed on a person under subsection (1)(a) and (b) ceases to apply when the application is dismissed or abandoned, unless on a dismissal of the application the judge orders that the duty is to continue to apply.

(4)

Where an overseas production order is made on the application, the duty imposed on a person under subsection (1)(a) ceases to apply when one of the following occurs—

(a)

the order is served;

(b)

the order is revoked before it is served, unless on its revocation the judge orders that the duty is to continue to apply;

(c)

the order is treated as if it had been quashed by virtue of section 9(1) or is otherwise quashed before it is served.

(5)

Where an overseas production order is made on the application, the duty imposed on a person under subsection (1)(b) ceases to apply—

(a)

where the overseas production order does not include a non-disclosure requirement, when the order is made;

(b)

where the overseas production order includes a non-disclosure requirement, when the non-disclosure requirement expires (see section 8).

(6)

An order under subsection (3) or (4)(b) must specify or describe when the duty is to cease to apply.

(7)

For the purpose of subsection (2)(b), an appropriate officer is an equivalent appropriate officer in relation to an application for an overseas production order if—

(a)

the appropriate officer falls within the same sub-paragraph of section 2(1)(a) or (b) as the appropriate officer who made the application, and

(b)

where that sub-paragraph is sub-paragraph (vii) of section 2(1)(a) or sub-paragraph (v) of section 2(1)(b), the appropriate officer is of the same description as the appropriate officer who made the application.

(8)

In subsection (5), “non-disclosure requirement” has the meaning given by section 8(2).