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

Notices of applications for orders

8.  An application for an order under paragraph 5 shall be made inter partes.

9.—(1) Notice of an application for such an order may be served on a person either by delivering it to him or by leaving it at his proper address or by sending it by post to him in a registered letter or by the recorded delivery service.

(2) For the purposes of sub-paragraph (1), the reference to a person’s proper address shall be to such address determined in accordance with paragraph 10.

10.—(1) Subject to sub-paragraph (2), the proper address of a person subject to service law is the address of the unit to which he belongs.

(2) Where a person subject to service law is attached to a unit, a reference to his proper address is to the address of the unit to which he is attached.

(3) The proper address of a person who is not subject to service law is his usual or last known place of residence.

11.  Where notice of an application for an order under paragraph 5 has been served on a person, he shall not conceal, destroy, alter or dispose of the material to which the application relates except—

(a) with the leave of a judge advocate, or

(b) with the written permission of a service policeman,

until the application is dismissed or abandoned or he has complied with an order under paragraph 5 made in respect of the application.