Paragraph 4 Searches under section 76 of the Act

(1)

Article 5 is modified as follows.

(2)

For the purposes of article 5(1)—

(a)

an order given by an officer by virtue of section 4(1)(a) of the 2001 Act is to be treated as having been given under section 76(1) of the Act; and

(b)

an authorisation given by an officer by virtue of section 4(1)(b) of the 2001 Act is to be treated as an authorisation given under section 76(1) of the Act.

(3)

Article 5(4) and (5) apply where—

(a)

the relevant person was ordered or authorised to conduct a search of an unattended vehicle or anything in or on such a vehicle;

(b)

he has completed the search; and

(c)

he has not left a notice in accordance with articles 3(5) and 5 of the 2003 Order.

(4)

Article 5(6) applies where—

(a)

the relevant person has carried out a search pursuant to the order or authorisation; and

(b)

he has not made a record of the search in accordance with articles 4 and 5 of the 2003 Order.

(5)

In article 5(11) and (12) references to a record of a search include a record made under articles 4 and 5 of the 2003 Order.

(6)

In this paragraph the “relevant person” means the person given an order by virtue of section 4(1)(a) of the 2001 Act or an authorisation by virtue of section 4(1)(b) of that Act.