# The Armed Forces (Review of Search and Seizure) Order 2003, Article 2: Interpretation


(1) In this Order—
“the Act” means the Armed Forces Act 2001;
“the 1984 Act” means the Police and Criminal Evidence Act 1984;
“authorising officer” means the officer who authorised the search under section 7 of the Act which is the subject of a review;
“disposal” in relation to any seized property means—
(a) return to a person, other than the occupier of the premises from which it was seized, who is entitled to possession, or
(b) disposal in such other manner as the judicial officer directs;
“general power of seizure” means any power of seizure which may be provided under section 11(2) of the Act and which, subject to modifications made under that section, is equivalent to section 19 of the 1984 Act;
“the judicial officer”, in relation to a review, means the judicial officer conducting the review;
“legal representative” means a representative who is—
(a) a person who has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990;
(b) an advocate or solicitor in Scotland;
(c) a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland; or
(d) a person who has in any Commonwealth country or colony rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules;
“production order” means an order under any power which may be provided under section 6 of the Act and which, subject to any modifications made under that section, is equivalent to paragraph 4 of Schedule 1 to the 1984 Act;
“relevant evidence” has the same meaning as in section 5 of the Act;
“retention” means retention by the person who was authorised under section 7(1) of the Act to conduct the search which is the subject of the review;
“return” in relation to seized property means, except in the definition of “disposal”, return to the occupier of the premises from which it was seized;
“review” means a review by a judicial officer under section 8 of the Act;
“seized property” means property seized during a search under section 7 of the Act in exercise or purported exercise of—
(a) the power of seizure conferred by section 7(3) of the Act; or
(b) the general power of seizure;
“warrant” means a warrant issued under section 5 of the Act or under any power provided under section 6 of the Act and which, subject to any modifications made under that section, is equivalent to paragraph 12 of Schedule 1 to the 1984 Act.
(2) A reference in this Order to a relevant person in relation to seized property is a reference to—
(a) the authorising officer;
(b) any person who at the time of the seizure occupied the premises from which the property was seized;
(c) any person claiming—
(i) that he has an interest in the seized property, and
(ii) that the seized property consists of or includes items subject to legal privilege, excluded material or special procedure material; and
(d) the legal representative of any person referred to in sub-paragraphs (a), (b) or (c).
(3) In this Order, the occupier of premises which are service living accommodation is—
(a) if the premises are any building or part of a building within section 15(1)(a) of the Act, any person for whose exclusive use as living accommodation or as a garage that building or part of a building is provided;
(b) if the premises are any room, structure or area within section 15(1)(b) of the Act, any person for whose use as sleeping accommodation that room, structure or area is provided;
(c) if the premises are any locker within section 15(1)(c) of the Act, the person for whose personal use in connection with his sleeping accommodation that locker is provided.

---
Source: https://www.legislation.gov.uk/uksi/2003/2272/article/2 (the official version)
Page: https://openlegislation.uk/armed-forces-review-of-search-and-seizure-order-2003/article-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.