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The Criminal Justice and Police Act 2001 (Powers of Seizure) Order 2003

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2003, ISBN 0110452941

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 69(3) of the Criminal Justice and Police Act 2001, for approval by resolution of each House of Parliament.

CRIMINAL LAW

POLICE

Made 2003

Coming into force 1st April 2003

Whereas a draft of this Order has been laid and approved by resolution of each House of Parliament:

Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by section 69(1) of the Criminal Justice and Police Act 2001f1, and after consultation with the Scottish Ministers pursuant to section 69(2) of that Act, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2001 c. 16.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Designation of powers of seizure
  3. 3Designation of powers of seizure
  4. Signature
  5. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Criminal Justice and Police Act 2001 (Powers of Seizure) Order 2003 and shall come into force on 1st April 2003.

(2)

In this Order the “2001 Act” means the Criminal Justice and Police Act 2001.

2Designation of powers of seizure

(1)

Part 1 of Schedule 1 to the 2001 Act shall be amended as follows.

(2)

For paragraph 48 there shall be substituted—

“Copyright, Designs and Patents Act 1988 (c. 48)

48

The powers of seizure conferred by sections 109(4), 200(3A) and 297B(4) of the Copyright, Designs and Patents Act 1988f1 (seizure of evidence relating to offences concerning infringing copies, illicit recordings and unauthorised decoders).”

(3)

After paragraph 58 there shall be inserted—

“Trade Marks Act 1994 (c. 26)

58A

The power of seizure conferred by section 92A(4) of the Trade Marks Act 1994f2 (seizure of evidence relating to offences concerning unauthorised use of a trade mark, etc. in relation to goods).”

(4)

After paragraph 73 there shall be inserted—

“International Criminal Court Act 2001 (c. 17)

73A

The power of seizure conferred by paragraph 9 of Schedule 5 to the International Criminal Court Act 2001 (seizure of evidence in connection with offences under that Act).”

3Designation of powers of seizure

(1)

Part 3 of Schedule 1 to the 2001 Act shall be amended as follows.

(2)

For paragraph 106 there shall be substituted—

“Copyright, Designs and Patents Act 1988 (c. 48)

106

The powers of seizure conferred by sections 109(4), 200(3A) and 297B(4) of the Copyright, Designs and Patents Act 1988 (seizure of evidence relating to offences concerning infringing copies, illicit recordings and unauthorised decoders).”

(3)

After paragraph 107 there shall be inserted—

“Trade Marks Act 1994 (c. 26)

107A

The power of seizure conferred by section 92A(4) of the Trade Marks Act 1994 (seizure of evidence relating to offences concerning unauthorised use of a trade mark, etc. in relation to goods).”

Signature

Minister of State

Home Office

2003

Explanatory note

(This note is not part of the Order)

This Order adds, from 1st April 2003, the powers specified in articles 2 and 3 to those specified in Schedule 1 to the Criminal Justice and Police Act 2001 (“the Act”). The powers specified in Schedule 1 to the Act are those for which additional powers of seizure are available under sections 50 (premises) or 51 (persons) of the Act, or those to which section 55 (obligation to return excluded and special procedure material) applies.

Part 2 of the Act is expected to be brought into force on 1st April 2003.