Page:Terrorism Act 2000 (UKPGA 2000-11 qp).pdf/99

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94c. 11
Terrorism Act 2000

Sch. 5

(b) at any time during the period when the designation of the cordoned area under section 33 has effect.

(5) An authorisation under this paragraph shall not authorise—

(a) the seizure and retention of items subject to legal privilege;
(b) a constable to require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves.

(6) An authorisation under this paragraph shall not be given unless the person giving it has reasonable grounds for believing that there is material to be found on the premises which—

(a) is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation, and
(b) does not consist of or include excepted material.

(7) A person commits an offence if he wilfully obstructs a search under this paragraph.

(8) A person guilty of an offence under sub-paragraph (7) shall be liable on summary conviction to—

(a) imprisonment for a term not exceeding three months,
(b) a fine not exceeding level 4 on the standard scale, or
(c) both.

Excepted material

4. In this Part—

(a) “excluded material” has the meaning given by section 11 of the 1984 c. 60.Police and Criminal Evidence Act 1984,
(b) “items subject to legal privilege” has the meaning given by section 10 of that Act, and
(c) “special procedure material” has the meaning given by section 14 of that Act;

and material is “excepted material” if it falls within any of paragraphs (a) to (c).

Excluded and special procedure material: production & access

5.—(1) A constable may apply to a Circuit judge for an order under this paragraph for the purposes of a terrorist investigation.

(2) An application for an order shall relate to particular material, or material of a particular description, which consists of or includes excluded material or special procedure material.

(3) An order under this paragraph may require a specified person—

(a) to produce to a constable within a specified period for seizure and retention any material which he has in his possession, custody or power and to which the application relates;
(b) to give a constable access to any material of the kind mentioned in paragraph (a) within a specified period;
(c) to state to the best of his knowledge and belief the location of material to which the application relates if it is not in, and it will not come into, his possession, custody or power within the period specified under paragraph (a) or (b).

(4) For the purposes of this paragraph—

(a) an order may specify a person only if he appears to the Circuit judge to have in his possession, custody or power any of the material to which the application relates, and