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13.—(1) Where property has been seized in exercise, or purported exercise, of any power of seizure conferred by article 3 or 4, a duty to secure arises under article 14 in relation to the seized property if—
(a)a person entitled to do so makes an application under article 12 for the return of the property;
(b)at least one of the conditions set out in paragraphs (2) and (3) is satisfied; and
(c)notice of the application is given to a relevant person.
(2) The first condition is that the application is made on the grounds that the seized property is or contains an item subject to legal privilege that is not comprised in property falling within article 7(2).
(3) The second condition is that—
(a)the seized property was seized by a person who had, or purported to have, power under this Order to seize it by virtue only of one or more of the powers specified in paragraph (4); and
(b)the application—
(i)is made on the ground that the seized property is or contains something which does not fall within article 6(3); and
(ii)states that the seized property is or contains special procedure material or excluded material.
(4) The powers mentioned in paragraph (3) are—
(a)the powers of seizure under sections 5 and 10 of the 2001 Act;
(b)the powers of seizure conferred by the 2003 Order except the power under article 15 in so far as it relates to section 7 of the 2001 Act.
(5) In this article “a relevant person” means any one of the following—
(a)the person who made the seizure;
(b)the person for the time being having possession, in consequence of the seizure, of the seized property;
(c)the person named for the purposes of paragraph (1)(d) or (4)(d) of article 5 in any notice given under that article with respect to the seizure.
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