F3Sections 1 to 3A have effect without prejudice to the operation—

1. a

   in England and Wales of any enactment relating to powers of inspection, search or seizureF6or of any other enactment by virtue of which the conduct in question is authorised or required; and

2. b

   in Scotland of any enactment or rule of law relating to powers of examination, search or seizureF7or of any other enactment or rule of law by virtue of which the conduct in question is authorised or required

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 F4any of those sections.

F5In this section—

“ enactment ” means any enactment, whenever passed or made, contained in—

1. a

   an Act of Parliament;

2. b

   an Act of the Scottish Parliament;

3. c

   a Measure or Act of the National Assembly for Wales;

4. d

   an instrument made under any such Act or Measure;

5. e

   any other subordinate legislation (within the meaning of the Interpretation Act 1978);

“ 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.