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Paragraph 26 C1C2C3C4

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

(1)

An order under paragraph 22 may be made in relation to material in the possession, custody or power of a government department.

(2)

Where an order is made by virtue of sub-paragraph (1)—

(a)

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

(b)

it 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 a public department within the meaning of the Crown Suits Scotland Act 1857 and any part of the Scottish Administration.

Annotations

Modifications

C1

Sch. 5 para. 26 excluded (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), arts. 1, 26(9) (with art. 26(1))

C2

Sch. 5 para. 26 modified (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), arts. 1, 37(11) (with art. 37(1))

C3

Sch. 5 para. 26 excluded (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), arts. 1, 14(9) (with art. 14(1))

C4

Sch. 5 para. 26 modified (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), arts. 1, 38(11) (with art. 38(1))