Overseas production orders

8Inclusion of non-disclosure requirement in order

1

A judge making an overseas production order may include a non-disclosure requirement in the order.

2

A non-disclosure requirement is a requirement imposed on the person against whom the order is made not to disclose the making of the order or its contents to any person except—

a

with the leave of a judge, or

b

with the written permission of the appropriate officer who applied for the order or an equivalent appropriate officer.

3

An overseas production order that includes a non-disclosure requirement must specify or describe when the requirement is to expire.

4

A judge revoking an overseas production order that includes an unexpired non-disclosure requirement may order that the person against whom the overseas production order was made is to remain subject to the non-disclosure requirement.

5

An order under subsection (4) may specify or describe a different time when the non-disclosure requirement is to expire than that specified or described in the overseas production order that is being revoked.

6

For the purpose of subsection (2)(b), an appropriate officer is an equivalent appropriate officer in relation to 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 applied for the order, 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 applied for the order.