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

Application to a judge advocate

20.—(1) Article 28 is modified as follows.

(2) Any reference to the judge advocate shall include a reference to the judicial officer (within the meaning of Part 2 of the 2001 Act) to whom an application has been made before commencement.

(3) Where before commencement—

(a) a person has applied to a judicial officer under article 12(2) of the 2006 Order, and

(b) the judicial officer has neither ordered the return of any of the property to which the application relates nor dismissed the application,

the application shall be treated as an application under article 28(2) and any reference in article 28 to a judge advocate shall include a reference to the judicial officer.

(4) Where before commencement—

(a) a person has applied to a judicial officer under article 12(5)(b) or (c) of the 2006 Order, and

(b) the judicial officer has not decided whether to give directions under article 12(5) of that Order,

the application shall be treated as an application under article 28(5)(b) or (c) (as appropriate), and any reference in article 28 to a judge advocate shall include a reference to the judicial officer.

(5) In article 28(3)(d) and 28(5)(c)(i) the reference to article 19 or 20 includes a reference to article 3 or 4 of the 2006 Order.

(6) The relevant powers of seizure for the purposes of article 28 include—

(a) the powers of seizure conferred by articles 3 and 4 of the 2006 Order;

(b) the powers of seizure conferred by Part 2 of the 2001 Act, except the power in section 7 of that Act;

(c) the powers of seizure conferred by the 2003 Order, except the power under its article 15 in so far as it relates to section 7 of the 2001 Act.