http://www.legislation.gov.uk/id/uksi/2009/2056/schedule/4

http://www.legislation.gov.uk/uksi/2009/2056/schedule/4/paragraph/21/made

The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009

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DEFENCE

This Order deals primarily with the powers of search and of seizure granted to the service police under Part 3 of the Armed Forces Act 2006 (“the Act”). The main provisions in Parts 2 and 3 of the Order are, subject to modifications, equivalent to certain provisions of the Police and Criminal Evidence Act 1984 (“ PACE”) relating to powers of entry, search and seizure.

The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009

art. 8(3)(b)

(ba)

The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) (Amendment) Order 2012

art. 4(2)

art. 1

The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009

art. 9(4A)

The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) (Amendment) Order 2012

art. 5(2)

art. 1

The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009

art. 9(11A)

The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) (Amendment) Order 2012

art. 5(3)

art. 1

The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009

Sch. 1

para. 12A

The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) (Amendment) Order 2012

art. 7(5)

art. 1

The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009

Sch. 1

para. 4A

The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) (Amendment) Order 2012

art. 9(5)

art. 1

The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009

Sch. 1 para. 11A and cross-heading

The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) (Amendment) Order 2012

art. 9(6)

art. 11

art. 1

The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009

Order

The Service Police (Complaints etc.) Regulations 2023

Sch. 1

para. 7

reg. 1(1)

The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009

SCHEDULE 4TRANSITIONAL PROVISIONS

Cases where duty to secure arises21

1

Article 29 is modified as follows.

2

Where property has been seized in exercise, or purported exercise, of any power conferred by article 3 or 4 of the 2006 Order, but no duty has arisen under article 14 of that Order, the following modifications apply—

a

in article 29(1) the reference to article 19 or 20 includes a reference to article 3 or 4 of the 2006 Order;

b

in article 29(3)(a) the reference to Part 3 includes a reference to the 2006 Order;

c

the powers specified in article 29(4) include—

i

the powers of seizure under sections 5 and 10 of the 2001 Act;

ii

the powers of seizure conferred by the 2003 Order, except the power under its article 15 in so far as it relates to section 7 of the 2001 Order;

iii

in article 29(5)(c) the reference to paragraph (1)(d) or (4)(d) of article 21 includes a reference to paragraph (1)(d) or (4)(d) of article 5 of the 2006 Order.

3

Where immediately before commencement a duty to secure has effect under article 14 of the 2006 Order in relation to seized property, a duty to secure arises under article 30 in relation to that property.