2006 No. 3244
The Armed Forces (Entry, Search and Seizure) (Amendment) Order 2006
Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Order in exercise of the powers conferred by sections 5(10), 11(2) and 35(1) of the Armed Forces Act 20011:
Citation, Commencement and Interpretation1
1
This Order may be cited as the Armed Forces (Entry, Search and Seizure) (Amendment) Order 2006 and shall come into force on the 1st January 2007.
2
In this Order—
a
“the Act” means the Armed Forces Act 2001;
b
“the 2003 Order” means the Armed Forces (Entry, Search and Seizure) Order 20032.
Amendment of the 2003 Order
2
The 2003 Order shall be amended as set out in the Schedule.
3
This Order shall have effect in relation to warrants applied for under section 5 of the Act on or after 1st January 2007.
SCHEDULEAmendments to the 2003 Order
1
In article 8(2)(b) delete “search; and” and substitute “search;”.
2
After article 8(2)(b) insert:
ba
if the application is for a warrant authorising entry and search on more than one occasion, to state the ground on which he applies for such a warrant, and whether he seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired; and
3
In article 8(5), after “only”, add “unless it specifies that it authorises multiple entries”.
4
After article 8(5) insert:
5A
If it specifies that it authorises multiple entries, it must also specify whether the number of entries authorised is unlimited, or limited to a specified maximum.
5
In article 8(7), after “warrant”, add “which does not authorise multiple entries; and as many copies as are reasonably required may be made of any other kind of warrant”.
6
After article 9(2) insert:
2A
A person so authorised has the same powers as the service policeman whom he accompanies in respect of—
a
the execution of the warrant, and
b
the seizure of anything to which the warrant relates.
2B
But he may exercise those powers only in the company, and under the supervision, of a service policeman.
7
In article 9(3) for “one month” substitute “three months”.
8
After article 9(3) insert:
3A
No premises may be entered or searched for the second or any subsequent time under a warrant which authorises multiple entries unless a service policeman not below the rank of Lieutenant (Royal Navy), Captain (Army) or Flight Lieutenant (Royal Air Force) has in writing authorised that entry to those premises.
9
In article 14(7), in the definition of “searchable premises”, after “Part 2” add “or of a power referred to in section 16(7) of the Act”.
10
In article 17(1), for “exercising any power of seizure conferred by or under Part 2, including anything” substitute “or”.
(This note is not part of the Order)