The Armed Forces (Entry, Search and Seizure) (Amendment) Order 2008

• Citation: S.I. 2008/1698
• Sections: 6

Section 1 Citation and commencement

This Order may be cited as the Armed Forces (Entry, Search and Seizure) (Amendment) Order 2008, and shall come into force on 21st July 2008.

Section 2 Amendments to the 2003 Order

(1) Article 12 of the Armed Forces (Entry, Search and Seizure) Order 2003 (entry and search of premises in which a person was when or immediately before he was arrested) is amended as follows.

(2) In paragraph (1), for “any of the services Acts” substitute “section 74 of either of the 1955 Acts or section 45 of the 1957 Act”.

(3) For paragraph (6)(b)(ii) substitute—

(ii) a person reasonably suspected of having committed an offence against any provision of the services Acts while subject to service law.

Section 3 Amendments to the 2003 Order

In article 13(1) of that Order (entry and search of premises occupied or controlled by an arrested person), for “any of the services Acts” substitute “section 74 of either of the 1955 Acts or section 45 of the 1957 Act”.

Section 4 Amendments to the 2006 Order

(1) Article 2 of the Armed Forces (Entry, Search and Seizure) Order 2006 (*interpretation) is amended as follows.

(2) For paragraph (2) substitute—

(2) In relation to a time when seized property is in any person’s possession in consequence of a seizure (“the relevant time”), references in this Order to something for which the person making the seizure had power to search shall be construed in accordance with paragraphs (3) to (6).

(3) In each of paragraphs (3) to (6), for “relevant property” substitute “a reference mentioned in paragraph (2)”.

(4) For sub-paragraphs (a) and (b) of paragraph (8) substitute—

(a) if the premises are a building or part of a building within section 15(1)(a) of the 2001 Act, the person subject to service law for whose use (whether alone or with members of his family) as living accommodation or as a garage the building or part of a building is provided;

(b) if the premises are a room, structure or area within section 15(1)(b) of that Act, any person for whom the premises are used to provide sleeping accommodation; and

(c) if the premises are a locker within section 15(1)(c) of that Act, the person for whose personal use the locker is provided.

Section 5 Amendments to the 2006 Order

In article 3(5) of that Order (additional powers of seizure from premises), for “paragraph (2)” substitute “paragraph (3)”.

Section 6 Amendments to the 2006 Order

In article 4(5) of that Order (additional powers of seizure from the person), for “paragraph (2)” substitute “paragraph (3)”.