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- Point in Time (31/10/2009)
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Point in time view as at 31/10/2009. This version of this provision is prospective.
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Prospective
(1)Where a document is removed under section 1 it must not be photographed or copied, except that—
(a)a document may be copied for the purpose of providing a copy in response to a request under section 6(2), and
(b)a document consisting of information stored in electronic form may be copied for the purpose of producing it in a visible and legible form.
(2)Where the original document is returned, any copy under subsection (1)(b) must—
(a)in the case of a copy in electronic form, be destroyed or made inaccessible as soon as is reasonably practicable, and
(b)in any other case, be returned at the same time as the original document is returned.
(3)The following are entitled, on a request made to the relevant chief officer of police, to a certificate that subsection (2) has been complied with—
(a)where the document was found in the course of a search of a person, that person;
(b)where the document was found in the course of a search of any premises—
(i)the occupier of the premises when it was found, and
(ii)any person who had custody or control of the document when it was found.
(4)The certificate must be issued by the relevant chief officer of police, or a person authorised by or on behalf of that chief officer, not later than the end of the period of three months beginning with the day on which the request is made.
(5)For this purpose the relevant chief officer of police is—
(a)where the search was carried out in England or Wales, the chief officer of police in whose area the search was carried out;
(b)where the search was carried out in Scotland, the chief constable of the [F1Police Service of Scotland];
(c)where the search was carried out in Northern Ireland, the Chief Constable of the Police Service of Northern Ireland.
Textual Amendments
F1Words in s. 7(5)(b) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 60(2)
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