National Security Act 2023 (c. 32)

Schedules

Schedule 2 U.K. Powers of entry, search and seizure

Modifications etc. (not altering text)

C1 Sch. 2 applied (20.12.2023) by 1989 c. 6, s. 11(3) (as substituted by National Security Act 2023 (c. 32), s. 100(1), Sch. 18 para. 6(3)(a) (with s. 97); S.I. 2023/1272, reg. 2(f))

Part 1 U.K. England and Wales and Northern Ireland

Explanations U.K.

10 (1) A constable may apply to a judge for an order under this paragraph requiring any person specified in the order to provide an explanation of material—

(a) seized under a warrant under paragraph 2 or 9, or

(b) produced or made available to a constable under paragraph 3 or 4.

(2) An application for an order under this paragraph may be made without notice to a judge in chambers.

(3) An order under this paragraph may not require any person to disclose any information which they would be entitled to refuse to disclose on grounds of legal professional privilege in proceedings in the High Court.

(4) But a lawyer may be required to provide the name and address of their client.

(5) A statement by a person in response to a requirement imposed by an order under this paragraph—

(a) may be made orally or in writing, and

(b) may be used in evidence against the person only on a prosecution for an offence under paragraph 11.

(6) An order under this paragraph has effect as if it were an order of the court.

Commencement Information

I1 Sch. 2 para. 10 not in force at Royal Assent, see 100(1)

I2 Sch. 2 para. 10 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)