OpenLegislation

Paragraph 7

England, Wales and Northern Ireland

(1)

If a police officer of at least the rank of superintendent has reasonable grounds for believing that the case is one of great emergency and that in the interests of the State immediate action is necessary, he may by a written order signed by him give to any constable the authority which may be given by a search warrant under paragraph 2 F1, 2A or 5 above.

(2)

Where an authority is given under this paragraph particulars of the case shall be notified as soon as may be to the Secretary of State.

(3)

An order under this paragraph may not authorise a search for items subject to legal privilege.

(4)

If such a police officer as is mentioned in sub-paragraph (1) above has reasonable grounds for believing that the case is such as is there mentioned he may by a notice in writing signed by him require any person specified in the notice to provide an explanation of any material seized in pursuance of an order under this paragraph.

(5)

Any person who without reasonable excuse fails to comply with a notice under sub-paragraph (4) above is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.

(6)

Sub-paragraphs (2) to (5) of paragraph 6 above shall apply to a requirement imposed under sub-paragraph (4) above as they apply to a requirement under that paragraph.

Annotations

Textual amendments

F1

Words in Sch. 7 para. 7(1) inserted (E.W.) (3.4.1996) by 1996 c. 7, s. 2(4)

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Act repealed (19.2.2001) by 2000 c. 11, ss. 2(1)(a), 125, Sch. 16 Pt I (with s. 129(1); S.I. 2001/421, art. 2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