Article 29 Cases where duty to secure arises

(1)

Where property has been seized in exercise, or purported exercise, of any power of seizure conferred by article 19 or 20, a duty to secure arises under article 30 in relation to the seized property if—

(a)

a person entitled to do so makes an application under article 28 for the return of the property;

(b)

at least one of the conditions set out in paragraphs (2) and (3) is satisfied; and

(c)

notice of the application is given to a suitable person.

(2)

The first condition is that the application is made on the grounds that the seized property is or contains an item subject to legal privilege that is not comprised in property falling within article 23(3).

(3)

The second condition is that—

(a)

the seized property was seized by a person who had, or purported to have, power under this Part to seize it by virtue only of one or more of the powers specified in paragraph (4); and

(b)

the application—

(i)

is made on the ground that the seized property is or contains something which does not fall within article 22(3); and

(ii)

states that the seized property is or contains special procedure material or excluded material.

(4)

The powers mentioned in paragraph (3) are—

(a)

the powers of seizure under sections 73 and 83 of the Act;

(b)

the powers of seizure conferred by Parts 2 and 3 of this Order except the power under article 15 in so far as it relates to sections 87 and 88 of the Act.

(5)

In this article “a suitable person” means any one of the following—

(a)

the person who made the seizure;

(b)

the person for the time being having possession, in consequence of the seizure, of the seized property; or

(c)

the person named for the purposes of paragraph (1)(d) or (4)(d) of article 21 in any notice given under that article with respect to the seizure.