{
  "url": "https://openlegislation.uk/draft-armed-forces-powers-of-stop-and-search-search-seizure-and-retention-order-2009/article-2",
  "json_url": "https://openlegislation.uk/draft-armed-forces-powers-of-stop-and-search-search-seizure-and-retention-order-2009/article-2.json",
  "legislation": "ukdsi/2009/9780111480021",
  "legislation_title": "The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009",
  "legislation_url": "https://openlegislation.uk/draft-armed-forces-powers-of-stop-and-search-search-seizure-and-retention-order-2009",
  "path": "article/2",
  "kind": "article",
  "number": "2",
  "heading": "Interpretation",
  "text": "In this Order—\n“the Act” means the Armed Forces Act 2006;\n“the appropriate person” means—\n(a) the person to be searched; or\n(b) the person in charge of a vehicle that it is proposed to search;\n“authorising service policeman” means a service policeman of or above the rank of naval lieutenant, military or marine captain or flight lieutenant;\n“documents” includes information recorded in any form;\n“excluded material” has the meaning given in section 11 of PACE;\n“items subject to legal privilege” has the meaning given in section 10 of PACE, and “legal privilege” shall be construed accordingly;\n“premises” has the meaning given to it in section 96(3) of the Act;\n“relevant offence” has the meaning given in section 84(2) of the Act read with article 33 and Schedule 3;\n“relevant residential premises” has the meaning given to it in section 86(3) of the Act;\n“seized property”, in relation to any exercise of a power of seizure, means anything seized in exercise of that power;\n“serious service offence” means—\n(a) an offence under section 42 of the Act for which the corresponding offence under the law of England and Wales is an indictable offence;\n(b) any other service offence which may not be dealt with at a summary hearing by a commanding officer;\n(c) an offence under section 11(1) of the Act (using violence against a superior officer);\n(d) an offence under section 18(3) or (4) of the Act (offences in relation to official documents and records with intent to deceive);\n(e) an offence under section 24(1) of the Act (intentional or reckless damage to or loss of public or service property);\n(f) an offence under section 39 of the Act of attempting to commit an offence within paragraph (c), (d) or (e);\n(g) an offence under section 40 of the Act of encouraging or assisting the commission of an offence within paragraph (c), (d) or (e);\n“service proceedings” means—\n(a) a summary hearing under the Act by a commanding officer; or\n(b) proceedings before the Summary Appeal Court, the Court Martial or the Service Civilian Court;\n“special procedure material” has the meaning given in section 14 of PACE; and\n“unit” includes a naval ship or establishment and an air force station.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2009/9780111480021/article/2",
    "retrieved_at": "2026-10-30T14:57:19.493612+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}