Section 1(1) above has effect without prejudice to the operation—
in England and Wales of any enactment relating to powers of inspection, search or seizure; and
in Scotland of any enactment or rule of law relating to powers of examination, search or seizure
[F1and nothing designed to indicate a withholding of consent to access to any program or data from persons as enforcement officers shall have effect to make access unauthorised for the purposes of the said section 1(1).
In this section “enforcement officer” means a constable or other person charged with the duty of investigating offences; and withholding consent from a person “as” an enforcement officer of any description includes the operation, by the person entitled to control access, of rules whereby enforcement officers of that description are, as such, disqualified from membership of a class of persons who are authorised to have access.]
Textual Amendments
F1Words in s. 10 inserted (3.2.1995) by 1994 c. 33, s. 162(1); S.I. 1995/127, art. 2(1), Sch. 1