Part 2—Miscellaneous provisions
(8) After sub-paragraph (3) of that paragraph insert—
- “(3A) The premises referred to in sub-paragraph (2)(a) are—
- (a) one or more sets of premises specified in the application (in which case the application is for a ‘specific premises warrant’); or
- (b) any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an ‘all premises warrant’).”
(9) In paragraph 12 (grant of applications where excluded or special procedure material is involved), in each of sub-paragraphs (1) and (2), after “an application” insert “for a specific premises warrant”.
(10)After sub-paragraph (2) of that paragraph insert—
- “(2A) A Circuit judge or a District Judge (Magistrates’ Courts) may grant an application for an all premises warrant under paragraph 11 if satisfied—
- (a) that an order made under paragraph 5 has not been complied with, and
- (b) that the person specified in the application is also specified in the order.
- (2B) A Circuit judge or a District Judge (Magistrates’ Courts) may also grant an application for an all premises warrant under paragraph 11 if satisfied that there are reasonable grounds for believing—
- (a) that there is material on premises to which the application relates which consists of or includes excluded material or special procedure material but does not include items subject to legal privilege, and
- (b) that the conditions in sub-paragraphs (3) and (4) are met.”
(11) In sub-paragraph (4)(b) of that paragraph, for “the premises on which the material is situated” substitute “premises to which the application for the warrant relates”.
27All premises warrants: Scotland
(1) Part 2 of Schedule 5 to the Terrorism Act 2000 (c. 11) (searches etc. for the purposes of terrorist investigations in Scotland) is amended as follows.
(2) In paragraph 28 (search warrants authorising entry to specified premises in Scotland), in sub-paragraph (2)(a), for “the premises specified in the warrant” substitute “premises mentioned in sub-paragraph (2A)”.
(3) After sub-paragraph (2) of that paragraph insert—
- “(2A) The premises referred to in sub-paragraph (2)(a) are—
- (a) one or more sets of premises specified in the application (in which case the application is for a ‘specific premises warrant’); or
- (b) any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an ‘all premises warrant’).”
