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

Use of inextricably linked property

31.—(1) This article applies to inextricably linked property, other than property which is for the time being required to be secured in pursuance of article 30, if it has been seized under any power of seizure conferred by or under Chapter 1 or 3 of Part 3 of the Act, except sections 87 and 88 of the Act.

(2) Subject to paragraph (3), it shall be the duty of the person for the time being having possession, in consequence of the seizure, of the inextricably linked property to ensure that arrangements are in force which secure that that property (without being returned) is not at any time, except with the consent of the person from whom it was seized, either—

(a) examined or copied; or

(b) put to any other use.

(3) Paragraph (2) does not require that arrangements under that paragraph should prevent inextricably linked property from being put to any use falling within paragraph (4).

(4) A use falls within this paragraph to the extent that it is use which is necessary for facilitating the use, in any investigation or proceedings, of property in which the inextricably linked property is comprised.

(5) Property is inextricably linked property for the purposes of this article if it falls within any of paragraphs (6) to (8).

(6) Property falls within this paragraph if—

(a) it has been seized under a power conferred by article 19 or 20; and

(b) but for paragraph (3)(c) of article 22, arrangements under paragraph (2) of that article in relation to the property would be required to ensure the return of the property as mentioned in paragraph (2)(c) of that article.

(7) Property falls within this paragraph if—

(a) it has been seized under a power to which article 23 applies; and

(b) but for sub-paragraph (b) of paragraph (2) of that article, the person for the time being having possession of the property would be under a duty to secure its return as mentioned in that paragraph.

(8) Property falls within this paragraph if—

(a) it has been seized pursuant to a warrant under section 83 of the Act; and

(b) but for article 24(1)(c), the person for the time being having possession of the property would be under a duty to secure its return as mentioned in article 24(2).