3(1)[F1A constable] may by a written authority signed by him authorise a search of specified premises which are wholly or partly within a cordoned area.E+W+N.I.
(2)A constable [F2may exercise the power in sub-paragraph (1) only] if he considers it necessary by reason of urgency.
(3)An authorisation under this paragraph shall authorise any constable—
(a)to enter the premises specified in the authority,
(b)to search the premises and any person found there, and
(c)to seize and retain any relevant material (within the meaning of paragraph 1(3)) which is found on a search under paragraph (b).
(4)The powers under sub-paragraph (3)(a) and (b) may be exercised—
(a)on one or more occasions, and
(b)at any time during the period when the designation of the cordoned area under section 33 has effect.
(5)An authorisation under this paragraph shall not authorise—
(a)the seizure and retention of items subject to legal privilege;
(b)a constable to require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves.
(6)An authorisation under this paragraph shall not be given unless the person giving it has reasonable grounds for believing that there is material to be found on the premises which—
(a)is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation, and
(b)does not consist of or include excepted material.
(7)A person commits an offence if he wilfully obstructs a search under this paragraph.
(8)A person guilty of an offence under sub-paragraph (7) shall be liable on summary conviction to—
(a)imprisonment for a term not exceeding three months,
(b)a fine not exceeding level 4 on the standard scale, or
(c)both.
Textual Amendments
F1Words in Sch. 5 para. 3(1) substituted (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 17 para. 2(2)(a) (with s. 97); S.I. 2023/1272, reg. 2(d)
F2Words in Sch. 5 para. 3(2) substituted (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 17 para. 2(2)(b) (with s. 97); S.I. 2023/1272, reg. 2(d)
Modifications etc. (not altering text)
C1Sch. 5 para. 3: power(s) of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para. 71; S.I. 2003/708, art. 2
C2Sch. 5 para. 3: power(s) of seizure extended (1.4.2003) by 2001 c. 16, ss. 51-54, 68, Sch. 1 Pt. 2 para. 83; S.I. 2003/708, art. 2
C3Sch. 5 para. 3 modified (1.4.2003) by 2001 c. 16, ss. 55, 68, Sch. 1 Pt. 3 para. 109(1) (with s. 57(3)); S.I. 2003/708, art. 2