SCHEDULES
SCHEDULE 5Investigatory powers etc.
PART 4Further powers exercisable by domestic enforcers and EU enforcers
Power to seize documents required as evidence
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1
The officer may seize and detain documents.
2
An officer seizing documents under this paragraph from premises which are occupied must produce evidence of the officer's identity and authority to an occupier of the premises before seizing them.
3
The officer need not comply with sub-paragraph (2) if it is not reasonably practicable to do so.
4
An officer seizing documents under this paragraph must take reasonable steps to—
a
inform the person from whom they are seized that they have been seized, and
b
provide that person with a written record of what has been seized.
5
In determining the steps to be taken under sub-paragraph (4), an officer exercising a power under this paragraph in England and Wales or Northern Ireland must have regard to any relevant provision about the seizure of property made by—
a
a code of practice under section 66 of the Police and Criminal Evidence Act 1984, or
b
a code of practice under Article 65 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12)),
(as the case may be).
6
This paragraph does not confer any power on an officer to seize from a person any document which the person would be entitled to refuse to produce—
a
in proceedings in the High Court on the grounds of legal professional privilege, or
b
in proceedings in the Court of Session on the grounds of confidentiality of communications.
7
In sub-paragraph (6) “communications” means—
a
communications between a professional legal adviser and the adviser's client, or
b
communications made in connection with or in contemplation of legal proceedings or for the purposes of those proceedings.
8
Documents seized under this paragraph may not be detained—
a
for a period of more than 3 months beginning with the day on which they were seized, or
b
where the documents are reasonably required to be detained for a longer period by the enforcer for the purposes of the proceedings for which they were seized, for longer than they are required for those purposes.