SCHEDULES
SCHEDULE 6Investigatory powers: consequential amendments
Criminal Justice and Police Act 2001 (c. 16)
I161
The Criminal Justice and Police Act 2001 is amended as follows.
I262
In section 57(1) (retention of seized items)—
a
omit paragraphs (d), (g) and (pa), and
b
after paragraph (r) insert—
s
paragraphs 28(7) and 29(8) of Schedule 5 to the Consumer Rights Act 2015
I363
1
Section 65 (meaning of legal privilege) is amended as follows.
2
Omit subsections (6) and (8A).
3
Before subsection (9) insert—
8B
An item which is, or is comprised in, property which has been seized in exercise or purported exercise of the power of seizure conferred by paragraph 27(1)(b) or 29(1) of Schedule 5 to the Consumer Rights Act 2015 shall be taken for the purposes of this Part to be an item subject to legal privilege if, and only if, the seizure of that item was in contravention of paragraph 27(6) or (as the case may be) 29(6) of that Schedule (privileged documents).
4
In subsection (9)—
a
omit paragraph (c),
b
at the end of paragraph (d) insert “
or
”
, and
c
omit paragraph (f) and the “or” immediately preceding that paragraph.
I464
In section 66(4) (construction of references to a search)—
a
omit paragraphs (a), (c), (d), (e), (f), (g), (ma), (q), (r) and (s),
b
in paragraph (h) for “29” substitute “
29(4)
”
,
c
in paragraph (o) for “22” substitute “
22(4)
”
, and
d
after paragraph (p) insert—
t
Part 4 of Schedule 5 to the Consumer Rights Act 2015
I565
1
Part 1 of Schedule 1 (powers to which section 50 applies) is amended as follows.
2
Omit—
a
paragraph 9,
b
paragraph 16,
c
paragraph 18,
d
paragraph 19,
e
paragraph 24,
f
paragraph 36,
g
paragraph 73BA,
h
the first paragraph 73G,
i
the second paragraph 73J,
j
the second paragraph 73K,
k
paragraph 73N, and
l
paragraph 73O.
3
In paragraph 45 for “29(4), (5) and (6)” substitute “
29(4)
”
.
4
In the second paragraph 73G for “22(4) to (6)” substitute “
22(4)
”
.
5
After paragraph 73M insert—
Consumer Rights Act 2015
73P
Each of the powers of seizure conferred by paragraphs 27(1)(b), 28(1) and 29(1) of Schedule 5 to the Consumer Rights Act 2015.
I666
1
Part 1 of Schedule 2 (application of enactments) is amended as follows.
2
Omit paragraphs 1, 4B, 4C, 5, 7, 9B and 9C.
3
In paragraph 3 for “29” in each place substitute “
29(4)
”
.
4
In paragraph 4A—
a
for “23” substitute “
22(4)
”
, and
b
for “22” substitute “
22(4)
”
.
5
After paragraph 4A insert—
4D
Paragraph 39 of Schedule 5 to the Consumer Rights Act 2015 (notice of testing of goods) shall apply in relation to items seized under section 50 of this Act in reliance on the power of seizure conferred by paragraph 28(1) of that Schedule as it applies in relation to goods seized under that paragraph.
Access to seized items
4E
Subject to section 61 of this Act, paragraph 38 of Schedule 5 to the Consumer Rights Act 2015 (access to seized goods and documents) shall apply in relation to items seized under section 50 of this Act in reliance on the power of seizure conferred by paragraph 28(1) or 29(1) of that Schedule as it applies in relation to things seized under Part 4 of that Schedule.
6
In paragraph 8 for “29” in each place substitute “
29(4)
”
.
7
In paragraph 9A—
a
for the first “22” substitute “
22(4)
”
, and
b
for “products under regulations 22 of those Regulations.” substitute “
those items, as it applies to the seizure and detention of products under regulation 22(4) of those Regulations.
”
8
After paragraph 9A insert—
9D
Paragraph 41 of Schedule 5 to the Consumer Rights Act 2015 (compensation for seizure and detention) shall apply in relation to the seizure of items under section 50 of this Act in reliance on the power of seizure conferred by paragraph 28(1) or 29(1) of that Schedule, and the retention of those items, as it applies in relation to the seizure and detention of goods under Part 4 of that Schedule.