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Paragraph 7 Order in relation to material in possession of government department

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

  • Sch. 5 para. 1(1)(a) (b) and word(s) substituted for word(s) by Courts Act 2003 Sch. 4 para. 14
  • Sch. 5 para. 8(a)(b) and word(s) substituted for word(s) by Courts Act 2003 Sch. 4 para. 14
(1)

An order under this Part of this Schedule may be made in relation to material in the possession, custody or power of a government department.

(2)

An order so made—

(a)

shall be served as if the proceedings were civil proceedings against the department, and

(b)

may require any officer of the department, whether named in the order or not, who may for the time being have in his possession, custody or power the material concerned, to comply with it.

(3)

In this paragraph “government department” means an authorised government department for the purposes of the Crown Proceedings Act 1947 (c. 44) or an authorised Northern Ireland department for the purposes of that Act as it applies to the Crown in right of Her Majesty’s Government in Northern Ireland.