Paragraph 1 I1

The Schedule to be inserted in the Social Security Administration Act 1992 after Schedule 3ZB (inserted by section 96(3) of this Act) is—

“Schedule 3ZC

Entry, search and seizure etc: England and Wales

Section 109D

Introduction

1

This Schedule contains modifications of the provisions of the Police and Criminal Evidence Act 1984 mentioned in section 109D(4) for the purposes of their application to authorised investigators in accordance with section 109D(3).

General modifications

2

(1)

Each reference to a constable (however expressed) is to be read as including a reference to an authorised investigator.

(2)

Each reference to an offence is to be read as a reference to a DWP offence, except for—

(a)

the reference to any other offence in section 19(3)(a), and

(b)

the reference to an offence in section 21(8)(b).

(3)

Each reference to a criminal investigation is to be read as a reference to a criminal investigation in connection with a DWP offence.

Specific modifications

3

(1)

Section 15 (search warrants: safeguards) is to be read as if—

(a)

in subsection (2)(c), for “articles or persons” there were substituted “material”;

(b)

in subsection (6)(b), for “articles or persons” there were substituted “material”.

(2)

Section 16 (execution of warrants) is to be read as if—

(a)

in subsections (3A) and (3B), for the words “a police officer of at least the rank of inspector”, in each case, there were substituted “an authorised investigator of at least the grade of senior executive officer”;

(b)

in subsection (5)(a), the words “, if not in uniform,” were omitted;

(c)

in subsection (9)(a), for the words “articles or persons sought were” there were substituted “material sought was”.

(3)

Section 21 (access and copying) is to be read as if, in subsection (3)(b), the reference to the police were a reference to an authorised investigator.

(4)

Section 22 (retention) is to be read as if—

(a)

for subsection (1), there were substituted—

“(1)

Subject to subsection (4), anything which has been—

(a)

seized by an authorised investigator,

(b)

taken away by an authorised investigator following a requirement made by virtue of section 19 or 20, or

(c)

seized or taken away by another person under any enactment and accepted by an authorised investigator,

may be retained so long as is necessary in all the circumstances.”;

(b)

after subsection (2) there were inserted—

“(2A)

Subsection (2B) applies where an authorised investigator—

(a)

has seized something or taken something away following a requirement made by virtue of section 19 or 20 on the basis that it is evidence of an offence, and

(b)

considers that the thing may be evidence that is relevant to an investigation of an offence (whether or not the offence mentioned in paragraph (a)) in relation to which another person has functions.

(2B)

Where this subsection applies—

(a)

an authorised investigator may transfer the thing to that person,

(b)

where that person considers that the thing may be evidence that is relevant to an investigation in relation to which that person has functions, that person may accept and retain the thing, and

(c)

any provision of an enactment that applies to anything seized or taken away by that person applies to the thing as if it had been seized or taken away by that person for the purposes of the investigation of the relevant offence.

(2C)

In subsection (2B)(c), “enactment” includes—

(a)

an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978, and

(b)

an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament.”;

(c)

for subsection (5) there were substituted—

“(5)

Nothing in this section affects any power of a court to make an order under section 109G of the Social Security Administration Act 1992.”;

(d)

subsection (6) were omitted.

(5)

Schedule 1 (special procedure) is to be read as if—

(a)

references to “special procedure material” did not include special procedure material within section 14(1)(b) (journalistic material, other than excluded material);

(b)

references to “excluded material” did not include excluded material within—

(i)

section 11(1)(b) (human tissue etc), or

(ii)

section 11(1)(c) (certain journalistic material);

(c)

in paragraph 2(a)(ii), for the words “and does not also include excluded material” there were substituted “, or consists of or includes excluded material,”;

(d)

paragraph 3 (second set of access conditions) were omitted.”