# The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009, Paragraph 21: Cases where duty to secure arises


(1) Article 29 is modified as follows.
(2) Where property has been seized in exercise, or purported exercise, of any power conferred by article 3 or 4 of the 2006 Order, but no duty has arisen under article 14 of that Order, the following modifications apply—
(a) in article 29(1) the reference to article 19 or 20 includes a reference to article 3 or 4 of the 2006 Order;
(b) in article 29(3)(a) the reference to Part 3 includes a reference to the 2006 Order;
(c) the powers specified in article 29(4) include—
(i) the powers of seizure under sections 5 and 10 of the 2001 Act;
(ii) the powers of seizure conferred by the 2003 Order, except the power under its article 15 in so far as it relates to section 7 of the 2001 Order;
(iii) in article 29(5)(c) the reference to paragraph (1)(d) or (4)(d) of article 21 includes a reference to paragraph (1)(d) or (4)(d) of article 5 of the 2006 Order.
(3) Where immediately before commencement a duty to secure has effect under article 14 of the 2006 Order in relation to seized property, a duty to secure arises under article 30 in relation to that property.

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Source: https://www.legislation.gov.uk/ukdsi/2009/9780111480021/schedule/4/paragraph/21 (the official version)
Page: https://openlegislation.uk/draft-armed-forces-powers-of-stop-and-search-search-seizure-and-retention-order-2009/schedule-4/paragraph-21
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.