Paragraph 4

England, Wales and Northern Ireland

(1)

Provision may be made by Crown Court Rules as to—

(a)

the discharge and variation of orders under paragraph 3 above; and

(b)

proceedings relating to such orders.

(2)

The following provisions shall have effect pending the coming into force of Crown Court Rules under sub-paragraph (1) above—

(a)

an order under paragraph 3 above may be discharged or varied by a Circuit judge on a written application made to the appropriate officer of the Crown Court by any person subject to the order;

(b)

unless a Circuit judge otherwise directs on grounds of urgency, the applicant shall, not less than forty-eight hours before making the application, send a copy of it and a notice in writing of the time and place where the application is to be made to the constable on whose application the order to be discharged or varied was made or on any other constable serving in the same police station.

(3)

An order of a Circuit judge under paragraph 3 above shall have effect as if it were an order of the Crown Court.

(4)

Where the material to which an application under that paragraph relates consists of information contained in a computer—

(a)

an order under sub-paragraph (2)(a) of that paragraph shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible; and

(b)

an order under sub-paragraph (2)(b) of that paragraph shall have effect as an order to give access to the material in a form in which it is visible and legible.

(5)

An order under paragraph 3 above—

(a)

shall not confer any right to production of, or access to, items subject to legal privilege;

(b)

shall have effect notwithstanding any obligation as to secrecy or other restriction on the disclosure of information imposed by statute or otherwise.

(6)

An order may be made under paragraph 3 above in relation to material in the possession F1, custody or power of a government department which is an authorised government department for the purposes of the M1Crown Proceedings Act 1947; and any such order (which shall be served as if the proceedings were civil proceedings against the department) may require any officer of the department, whether named in the order or not, who may for the time being F2have in his possession , custody or powerthe material concerned to comply with it.

(7)

In the application of this paragraph to Northern Ireland for references to a Circuit judge there shall be substituted references to a county court judge and for references to a government department or authorised government department there shall be substituted references to a Northern Ireland department or authorised Northern Ireland department.

Annotations

Textual amendments

F1: Words in Sch. 7 para. 4(6) inserted (3.11.1994) by 1994 c. 33, s. 83(1)(b)(i)
F2: Words in Sch. 7 para. 4(6) substituted (3.11.1994) by 1994 c. 33, s. 83(1)(b)(ii)

Marginal citations

M1: 1947 c. 42.

Notes on the whole Act

Textual amendments

F1: Act repealed (19.2.2001) by 2000 c. 11, ss. 2(1)(a), 125, Sch. 16 Pt I (with s. 129(1); S.I. 2001/421, art. 2

Notes on Schedule 7

Modifications

C1: Sch. 7 modified (temporary until 15.06.1992) by Northern Ireland (Emergency Provisions) Act 1991 (c. 24, SIF 39:1), s. 57(3).