13.—(1) A judge may, on an application made to the judge by an appropriate officer, issue a search and seizure warrant if the judge is satisfied—
(a)that article 3(2) is satisfied, and
(b)either of the requirements in paragraph (4) is fulfilled.
(2) The application must also state—
(a)the warrant is sought for the purposes of the external investigation,
(b)the warrant is sought in relation to the premises specified in the application,
(c)the warrant is sought in relation to material specified in the application, or that there are reasonable grounds for believing that there is material falling within article 14(5) on the premises.
(3) A search and seizure warrant is a warrant authorising an appropriate officer—
(a)to enter and search the premises specified in the application for the warrant, and
(b)to seize and retain any material found there which is likely to be of substantial value (whether or not by itself) to the external investigation.
(4) The requirements for the issue of a search and seizure warrant are—
(a)that a production order made in relation to material has not been complied with and there are reasonable grounds for believing that the material is on the premises specified in the application for the warrant, or
(b)that article 14 is satisfied in relation to the warrant.
14.—(1) This article is satisfied in relation to a search and seizure warrant if—
(a)there are reasonable grounds for suspecting that the application relates to an external investigation, and
(b)either the first or the second set of conditions is complied with.
(2) The first set of conditions is that there are reasonable grounds for believing that—
(a)any material on the premises specified in the application for the warrant is likely to be of substantial value (whether or not by itself) to the external investigation,
(b)it is in the public interest for the material to be obtained, having regard to the benefit likely to accrue to the external investigation if the material is obtained, and
(c)it would not be appropriate to make a production order for any one or more of the reasons in paragraph (3).
(3) The reasons are—
(a)that it is not practicable to communicate with any person against whom the production order could be made,
(b)that it is not practicable to communicate with any person who would be required to comply with an order to grant entry to the premises,
(c)that the external investigation might be seriously prejudiced unless an appropriate officer is able to secure immediate access to the material.
(4) The second set of conditions is that—
(a)there are reasonable grounds for believing that there is material on the premises specified in the application for the warrant and that the material falls within paragraph (5),
(b)there are reasonable grounds for believing that it is in the public interest for the material to be obtained, having regard to the benefit likely to accrue to the external investigation if the material is obtained, and
(c)any one or more of the requirements in paragraph (6) is satisfied.
(5) Material falls within this paragraph if it cannot be identified at the time of the application but it—
(a)relates to the person who is the subject of the external investigation, and
(b)is likely to be of substantial value (whether or not by itself) to the external investigation for the purposes of which the warrant is sought.
(6) The requirements are—
(a)that it is not practicable to communicate with any person entitled to grant entry to the premises,
(b)that entry to the premises will not be granted unless a warrant is produced, and
(c)that the external investigation might be seriously prejudiced unless an appropriate officer arriving at the premises is able to secure immediate entry to them.
15.—(1) This article applies to—
(a)search and seizure warrants sought for the purposes of an external investigation, and
(b)powers of seizure under them.
(2) An application for a warrant may be made ex parte to a judge in chambers.
(3) A warrant may be issued subject to conditions.
(4) A search and seizure warrant does not confer the right to seize privileged material.
(5) Privileged material is any material which a person would be entitled to refuse to produce on grounds of legal professional privilege in proceedings in the High Court.
(6) A search and seizure warrant does not confer the right to seize excluded material.
(7) A warrant continues in force until the end of the period of one month starting with the day on which it is issued.
(8) A warrant authorises the person it names to require any information which is held in a computer and is accessible from the premises specified in the application for the warrant, and which the named person believes relates to any matter relevant to the external investigation, to be produced in a form—
(a)in which it can be taken away and is visible and legible, or
(b)from which it can readily be produced in a visible and legible form.
(9) A warrant may include provision authorising a person who is exercising powers under it to do other things which—
(a)are specified in the warrant, and
(b)need to be done in order to give effect to it.
(10) Copies may be taken of any material seized under a warrant.
(11) Material seized under a warrant may be retained for so long as it is necessary to retain it (as opposed to copies of it) in connection with the external investigation.
(12) But if the appropriate officer has reasonable grounds for believing that—
(a)the material may need to be produced for the purposes of any legal proceedings, and
(b)it might otherwise be unavailable for those purposes,
it may be retained until the proceedings are concluded.
(13) Material seized under a warrant may be sent to the overseas authority which made the request for assistance or to the Secretary of State for forwarding to that overseas authority.