National Security Act 2023

Search of individual or premises at time of serving a Part 2 notice U.K.

6 (1) This paragraph applies if a Part 2 notice is being, or has just been, served on an individual.

(2) A constable may (without a warrant)—

(a) search the individual for the purpose mentioned in sub-paragraph (3);

(b) enter and search, for that purpose, any premises mentioned in sub-paragraph (4).

(3) The purpose is that of ascertaining whether there is anything on the individual, or (as the case may be) in the premises, that contravenes measures specified in the Part 2 notice.

(4) The premises referred to in sub-paragraph (2)(b) are—

(a) the individual’s place of residence;

(b) other premises to which the individual has power to grant access.

(5) A constable may seize anything that the constable finds in the course of a search carried out under a power conferred by this paragraph—

(a) for the purpose of ascertaining whether measures specified in the Part 2 notice are being or are about to be contravened by the individual;

(b) for the purpose of securing compliance by the individual with measures specified in the Part 2 notice;

(c) if the constable has reasonable grounds for suspecting that—

(i) the thing is or contains evidence in relation to an offence, and

(ii) it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

Commencement Information

I1 Sch. 11 para. 6 not in force at Royal Assent, see 100(1)

I2 Sch. 11 para. 6 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(b)