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The Proceeds of Crime Act 2002 (External Investigations) (Scotland) Order 2015
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Changes and effects yet to be applied to Article 15:
- art. 15 coming into force by S.I. 2015/206 art. 1(b)
- art. 23(2)(ea) inserted by 2020 c. 29 Sch. 3 para. 5(3)(c)
- art. 23(3)(ha) inserted by 2020 c. 29 Sch. 3 para. 5(4)(c)
- art. 23(5) inserted by 2020 c. 29 Sch. 3 para. 5(5)
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- art. 23(2)(ea) inserted by 2020 c. 29 Sch. 3 para. 5(3)(c)
- art. 23(3)(ha) inserted by 2020 c. 29 Sch. 3 para. 5(4)(c)
- art. 23(5) inserted by 2020 c. 29 Sch. 3 para. 5(5)
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15.—(1) This article applies to—
(a)search warrants sought for the purposes of an external investigation; and
(b)powers of seizure under them.
(2) A warrant may be issued subject to conditions.
(3) A search warrant does not confer the right to seize any items subject to legal privilege.
(4) A warrant continues in force until the end of the period of one month starting with the day on which it is issued.
(5) A warrant authorises the person executing it 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.
(6) A warrant may include provision authorising the person executing 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.
(7) Copies may be taken of any material seized under a warrant.
(8) 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.
(9) But if the Scottish Ministers have 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.
(10) Material seized under a warrant must be sent to the Secretary of State for forwarding to the overseas authority that made the request for assistance.
Commencement Information
I1Art. 15 in force at 16.3.2015, see art. 1(b)
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