# The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009, Article 2: Interpretation


In this Order—
“the Act” means the Armed Forces Act 2006;
“the appropriate person” means—
(a) the person to be searched; or
(b) the person in charge of a vehicle that it is proposed to search;
“authorising service policeman” means a service policeman of or above the rank of naval lieutenant, military or marine captain or flight lieutenant;
“documents” includes information recorded in any form;
“excluded material” has the meaning given in section 11 of PACE;
“items subject to legal privilege” has the meaning given in section 10 of PACE, and “legal privilege” shall be construed accordingly;
“premises” has the meaning given to it in section 96(3) of the Act;
“relevant offence” has the meaning given in section 84(2) of the Act read with article 33 and Schedule 3;
“relevant residential premises” has the meaning given to it in section 86(3) of the Act;
“seized property”, in relation to any exercise of a power of seizure, means anything seized in exercise of that power;
“serious service offence” means—
(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;
(b) any other service offence which may not be dealt with at a summary hearing by a commanding officer;
(c) an offence under section 11(1) of the Act (using violence against a superior officer);
(d) an offence under section 18(3) or (4) of the Act (offences in relation to official documents and records with intent to deceive);
(e) an offence under section 24(1) of the Act (intentional or reckless damage to or loss of public or service property);
(f) an offence under section 39 of the Act of attempting to commit an offence within paragraph (c), (d) or (e);
(g) an offence under section 40 of the Act of encouraging or assisting the commission of an offence within paragraph (c), (d) or (e);
“service proceedings” means—
(a) a summary hearing under the Act by a commanding officer; or
(b) proceedings before the Summary Appeal Court, the Court Martial or the Service Civilian Court;
“special procedure material” has the meaning given in section 14 of PACE; and
“unit” includes a naval ship or establishment and an air force station.

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Source: https://www.legislation.gov.uk/ukdsi/2009/9780111480021/article/2 (the official version)
Page: https://openlegislation.uk/draft-armed-forces-powers-of-stop-and-search-search-seizure-and-retention-order-2009/article-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.