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The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009

S.I. 2009/2056 · Made 20 July 2009 · Extends to United Kingdom

Not fully up to date. 111 changes made by later legislation have not yet been written into this text, which is revised to 20 July 2009.

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art. 18coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 2 para. 6coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 2 para. 7coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 3coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 4 para. 1coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 4 para. 2coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 4 para. 3coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 4 para. 4coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 4 para. 5coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 4 para. 6coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 4 para. 7coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 4 para. 8coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 4 para. 9coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
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Sch. 4 para. 25coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
art. 1coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
art. 2coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
art. 3coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
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art. 27coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
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art. 30coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
art. 31coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
art. 32coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
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art. 35coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
art. 36coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 1 para. 1coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 1 para. 2coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 1 para. 3coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 1 para. 4coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 1 para. 5coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 1 para. 6coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 1 para. 7coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 1 para. 8coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 1 para. 9coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 1 para. 10coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 1 para. 11coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 1 para. 12coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 1 para. 13coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 1 para. 14coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 2 para. 1coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 2 para. 2coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 2 para. 3coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 2 para. 4coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 2 para. 5coming into forceArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2009 art. 1
Sch. 1 para. 12AinsertedArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2012 art. 7(5)
art. 8(3)(b)(ba)art. 8(3)(b)(ba) substituted for art. 8(3)(b)Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2012 art. 4(2)
art. 8(4)omittedArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2012 art. 4(3)
art. 8(9)(a)(iv)substitutedArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2012 art. 4(4)
art. 8(10)words insertedArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2012 art. 4(5)
art. 18(7)(c)words substitutedArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2012 art. 10
Sch. 1 para. 12words insertedArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2012 art. 7(4)(b)
art. 2words insertedArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2012 art. 3(b)
Sch. 1 headingsubstitutedArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2012 art. 9(2)
Sch. 1 para. 1words omittedArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2012 art. 9(3)
Sch. 1 para. 2(a)(iv)words substitutedArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2012 art. 9(4)
Sch. 1 para. 4AinsertedArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2012 art. 9(5)
Sch. 1 para. 11A and cross-headinginsertedArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2012 art. 9(6)
Sch. 1 para. 12(a)(i)words substitutedArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2012 art. 9(7)
art. 6substitutedArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2012 art. 8
art. 9(4A)insertedArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2012 art. 5(2)
art. 9(11A)insertedArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2012 art. 5(3)
art. 10(4)(c)words substitutedArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2012 art. 6
art. 18(7)(a)words substitutedArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2012 art. 10
art. 18(7)(b)words substitutedArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2012 art. 10
Sch. 1 para. 2(a)(ii)words insertedArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2012 art. 7(2)
Sch. 1 para. 3(a)substitutedArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2012 art. 7(3)(a)
Sch. 1 para. 3(b)words substitutedArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2012 art. 7(3)(b)
Sch. 1 para. 3(b)(i)word omittedArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2012 art. 7(3)(c)
Sch. 1 para. 12(a)(ii)words substitutedArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2012 art. 7(4)(a)
art. 2word omittedArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2012 art. 3(a)
art. 2words insertedArmed Forces (Powers of Stop and Search, Search, Seizure and Retention) 2014 art. 2(2)
Orderapplied (with modifications)Service Police (Complaints etc.) 2023 Sch. 1 para. 7

Defence

Made 20th July 2009

Coming into force 31st October 2009

The Secretary of State makes the following Order in exercise of the powers conferred by sections 74, 81, 84(2)(b), 85, 86, 89(2), 92, 93, 323 and 380 of the Armed Forces Act 2006f1:

In accordance with section 373(3) of the Armed Forces Act 2006 a draft of this instrument was laid before, and approved by resolution of, each House of Parliament.

Annotations to the whole text

Footnotes

f1

2006 c. 52.

Contents

  1. Part 1: Preliminary Not yet in force
  2. 1Citation and commencement Not yet in force
  3. 2Interpretation Not yet in force
  4. Part 2: Searches Not yet in force
  5. 3Stop and search by a service policeman Not yet in force
  6. 4Record of search by service policeman Not yet in force
  7. 5Searches under section 76 of the Act Not yet in force
  8. 6Access to excluded and special procedure material Not yet in force
  9. 7Application for warrants or orders by live links Not yet in force
  10. 8Search warrants – safeguards Not yet in force
  11. 9Execution of warrants Not yet in force
  12. 10Safeguards and execution of warrants – further provisions Not yet in force
  13. 11Oaths and affirmations Not yet in force
  14. 12Search of premises where person arrested Not yet in force
  15. 13Entry and search after arrest Not yet in force
  16. Part 3: Seizure, copying and retention Not yet in force
  17. 14General power of seizure Not yet in force
  18. 15Extension of powers of seizure to computerised information Not yet in force
  19. 16Access and copying Not yet in force
  20. 17Retention Not yet in force
  21. Part 4: Additional powers of seizure Not yet in force
  22. 18Interpretation Not yet in force
  23. 19Additional powers of seizure from premises Not yet in force
  24. 20Additional powers of seizure from the person Not yet in force
  25. 21Notice of exercise of power under article 19 or 20 Not yet in force
  26. 22Examination and return of property seized under article 19 or 20 Not yet in force
  27. 23Obligation to return items subject to legal privilege Not yet in force
  28. 24Obligation to return excluded and special procedure material Not yet in force
  29. 25Authorised retention of property Not yet in force
  30. 26Application of article 17 to property seized under this Part Not yet in force
  31. 27Person to whom seized property is to be returned Not yet in force
  32. 28Application to a judge advocate Not yet in force
  33. 29Cases where duty to secure arises Not yet in force
  34. 30The duty to secure Not yet in force
  35. 31Use of inextricably linked property Not yet in force
  36. 32Copies Not yet in force
  37. Part 5: Relevant offences and reviews by judge advocates Not yet in force
  38. 33Relevant offences Not yet in force
  39. 34Review by a judge advocate of searches and seizures under section 87 or 88 of the Act Not yet in force
  40. Part 6: Transitional and transitory provisions Not yet in force
  41. 35Transitional provisions Not yet in force
  42. 36Reference to the Court of Judicature of Northern Ireland Not yet in force
  43. Signature
  44. Schedule 1: EXCLUDED AND SPECIAL PROCEDURE MATERIAL Not yet in force
  45. Making of orders by judge advocates Not yet in force
  46. 1Paragraph 1 Not yet in force
  47. 2Paragraph 2 Not yet in force
  48. 3Paragraph 3 Not yet in force
  49. 4Paragraph 4 Not yet in force
  50. 5Paragraph 5 Not yet in force
  51. 6Paragraph 6 Not yet in force
  52. 7Paragraph 7 Not yet in force
  53. Notices of applications for orders Not yet in force
  54. 8Paragraph 8 Not yet in force
  55. 9Paragraph 9 Not yet in force
  56. 10Paragraph 10 Not yet in force
  57. 11Paragraph 11 Not yet in force
  58. Issue of warrants by judge advocate Not yet in force
  59. 12Paragraph 12 Not yet in force
  60. 13Paragraph 13 Not yet in force
  61. 14Paragraph 14 Not yet in force
  62. Schedule 2: OATHS AND AFFIRMATIONS Not yet in force
  63. 1Paragraph 1 Not yet in force
  64. 2Paragraph 2 Not yet in force
  65. 3Paragraph 3 Not yet in force
  66. 4Paragraph 4 Not yet in force
  67. 5Paragraph 5 Not yet in force
  68. 6Paragraph 6 Not yet in force
  69. 7Paragraph 7 Not yet in force
  70. Schedule 3LIST OF SERVICE OFFENCES THAT ARE RELEVANT OFFENCES Not yet in force
  71. Schedule 4: TRANSITIONAL PROVISIONS Not yet in force
  72. 1Interpretation Not yet in force
  73. 2Stop and search by a service policeman Not yet in force
  74. 3Record of search by service policeman Not yet in force
  75. 4Searches under section 76 of the Act Not yet in force
  76. 5Search warrants – safeguards Not yet in force
  77. 6Execution of warrants Not yet in force
  78. 7Safeguards and execution of warrants – further provisions Not yet in force
  79. 8Search of premises after arrest Not yet in force
  80. 9Seizure, copying and retention Not yet in force
  81. 10Seizure, copying and retention Not yet in force
  82. 11Seizure, copying and retention Not yet in force
  83. 12Additional powers of seizure Not yet in force
  84. 13Notice of exercise of power under article 19 or 20 Not yet in force
  85. 14Examination and return of property seized under article 19 or 20 Not yet in force
  86. 15Obligation to return items subject to legal privilege Not yet in force
  87. 16Obligation to return excluded and special procedure material Not yet in force
  88. 17Authorised retention of property Not yet in force
  89. 18Application of article 17 to property seized under Part 3 Not yet in force
  90. 19Person to whom seized property is to be returned Not yet in force
  91. 20Application to a judge advocate Not yet in force
  92. 21Cases where duty to secure arises Not yet in force
  93. 22The duty to secure Not yet in force
  94. 23Use of inextricably linked property Not yet in force
  95. 24Relevant offences Not yet in force
  96. 25Review by a judge advocate of searches and seizure Not yet in force
  97. Explanatory note