Serious Organised Crime and Police Act 2005

SupplementaryU.K.

68Procedure applicable to search warrantsU.K.

In Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001 (c. 16) (powers of seizure to which section 50 applies) after paragraph 73E (inserted by the Human Tissue Act 2004 (c. 30)) insert—

“Serious Organised Crime and Police Act 2005

73FThe power of seizure conferred by section 66 of the Serious Organised Crime and Police Act 2005 (seizure of documents for purposes of investigation by DPP or other Investigating Authority).”

Commencement Information

I1S. 68 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(a)

I2S. 68 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

69Manner in which disclosure notice may be givenE+W

(1)This section provides for the manner in which a disclosure notice may be given under section 62.

(2)The notice may be given to a person by—

(a)delivering it to him,

(b)leaving it at his proper address,

(c)sending it by post to him at that address.

(3)The notice may be given—

(a)in the case of a body corporate, to the secretary or clerk of that body;

(b)in the case of a partnership, to a partner or a person having the control or management of the partnership business;

(c)in the case of an unincorporated association (other than a partnership), to an officer of the association.

(4)For the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30) (service of documents by post) in its application to this section, the proper address of a person is his usual or last-known address (whether residential or otherwise), except that—

(a)in the case of a body corporate or its secretary or clerk, it is the address of the registered office of that body or its principal office in the United Kingdom,

(b)in the case of a partnership, a partner or a person having the control or management of the partnership business, it is that of the principal office of the partnership in the United Kingdom, and

(c)in the case of an unincorporated association (other than a partnership) or an officer of the association, it is that of the principal office of the association in the United Kingdom.

(5)This section does not apply to Scotland.

Modifications etc. (not altering text)

Commencement Information

I3S. 69 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

70Interpretation of Chapter 1E+W+S

(1)In this Chapter—

  • “[F1act of terrorism ” includes anything constituting an action taken for the purposes of terrorism, within the meaning of the Terrorism Act 2000 (see section 1(5) of that Act);]

  • “appropriate person” has the meaning given by section 62(2);

  • “the Investigating Authority” is to be construed in accordance with section 60(5) and (6);

  • “disclosure notice” has the meaning given by section 62(3);

  • “document” includes information recorded otherwise than in legible form.

  • [F2‘terrorism’ has the same meaning as in the Terrorism Act 2000 (see section 1(1) to (4) of that Act);

  • ‘terrorist investigation’ has the meaning given by section 60(7). ]

(2)In relation to information recorded otherwise than in legible form, any reference in this Chapter to the production of documents is a reference to the production of a copy of the information in legible form.

Textual Amendments

F1Words in s. 70(1) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 33(4)(a), 39(2); S.I. 2006/1013, art. 2(2)(b)

F2Words in s. 70(1) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 33(4)(b), 39(2); S.I. 2006/1013, art. 2(2)(b)

Modifications etc. (not altering text)

Commencement Information

I4S. 70 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(a)

I5S. 70 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)