SCHEDULES

SCHEDULE 5 Terrorist Investigations: Information

Part II Scotland

Urgent cases

31

1

A police officer of at least the rank of superintendent may by a written order signed by him give to any constable the authority which may be given by a search warrant under paragraph 28.

2

An order shall not be made under this paragraph unless the officer has reasonable grounds for believing—

a

that the case is one of great emergency, and

b

that immediate action is necessary.

3

Where an order is made under this paragraph particulars of the case shall be notified as soon as is reasonably practicable to the Secretary of State.

32

1

If a police officer of at least the rank of superintendent has reasonable grounds for believing that the case is one of great emergency he may by a written notice signed by him require any person specified in the notice to provide an explanation of any material seized in pursuance of an order under paragraph 22.

2

Sub-paragraphs (2) and (3) of paragraph 30 shall apply to a notice under this paragraph as they apply to an order under that paragraph.

3

A person commits an offence if he fails to comply with a notice under this paragraph.

4

It is a defence for a person charged with an offence under sub-paragraph (3) to show that he had a reasonable excuse for his failure.

5

A person guilty of an offence under sub-paragraph (3) is liable on summary conviction to imprisonment for a term not exceeding six months, to a fine not exceeding level 5 on the standard scale or to both.