s 21
(1) In this Schedule— “ the court ” is to be construed in accordance with paragraph 12; “ forfeitable property ” is to be construed in accordance with paragraph 1(2); “ premises ” has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 23 of that Act); and “ the relevant officer ” is to be construed in accordance with paragraph 3. (2) For the purposes of this Schedule the circumstances in which a person (“P”) has a legitimate reason for possessing an indecent photograph of a child (“C”) include where— (a) the photograph was of C aged 16 or over, (b) one or both of the following sub-paragraphs apply— (i) P and C are married, are civil partners of each other or are living together as partners in an enduring family relationship, (ii) P and C were married, were civil partners of each other or were so living together at the time P obtained the photograph, (c) the photograph shows C alone or with P, but does not show any other person, (d) C has consented to the photograph being in P's possession (and that consent has not been withdrawn), and (e) P owns, or is authorised (directly or indirectly) by the owner, to possess the photograph.