Paragraph 31

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

Sch. 5 para. 5(4)(a) words inserted by Courts Act 2003 Sch. 4 para. 9(b)
Sch. 5 para. 5(5) words inserted by Courts Act 2003 Sch. 4 para. 9(a)
Sch. 5 para. 6(1) words inserted by Courts Act 2003 Sch. 4 para. 9(a)
Sch. 5 para. 7(1)(b) words inserted by Courts Act 2003 Sch. 4 para. 9(b)
Sch. 5 para. 10(1) words inserted by Courts Act 2003 Sch. 4 para. 9(a)
Sch. 5 para. 11(1) words inserted by Courts Act 2003 Sch. 4 para. 9(a)
Sch. 5 para. 3(8)(a) words substituted by Criminal Justice Act 2003 Sch. 26 para. 55(4)(a)
Sch. 5 para. 15(5)(a) words substituted by Criminal Justice Act 2003 Sch. 26 para. 55(4)(b)
Sch. 5 para. 5(1) words inserted by Courts Act 2003 Sch. 4 para. 9(a)
Sch. 5 para. 12(1) (2) words inserted by Courts Act 2003 Sch. 4 para. 9(a)
Sch. 5 para. 13(1) words inserted by Courts Act 2003 Sch. 4 para. 9(a)

(1)

A police officer of at least the rank of superintendent may by a written order signed by him give to any constable the authority which may be given by a search warrant under paragraph 28 F1(subject to sub-paragraph (1A)).

F2(1A)

An order under this paragraph does not authorise a constable to retain confidential journalistic material.

(1B)

“Confidential journalistic material” has the same meaning as in the Investigatory Powers Act 2016 (see section 264(6) and (7) of that Act).

(2)

An order shall not be made under this paragraph unless the officer has reasonable grounds for believing—

(a)

that the case is one of great emergency, and

(b)

that immediate action is necessary.

(3)

Where an order is made under this paragraph particulars of the case shall be notified as soon as is reasonably practicable to the Secretary of State.

Annotations

Textual amendments

F1: Words in Sch. 5 para. 31(1) inserted (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 17 para. 2(6)(a) (with s. 97); S.I. 2023/1272, reg. 2(d)
F2: Sch. 5 para. 31(1A)(1B) inserted (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 17 para. 2(6)(b) (with s. 97); S.I. 2023/1272, reg. 2(d)