Legislation – National Security Act 2023
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There are currently no known outstanding effects for the National Security Act 2023, Paragraph 8.
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Schedule 11Powers of entry, search, seizure and retention
Search for compliance purposes
8
(1)
A constable may apply for the issue of a warrant under this paragraph for the purpose of determining whether an individual in respect of whom a Part 2 notice is in force is complying with measures specified in the notice.
(2)
A warrant under this paragraph may authorise a constable to do either or both of the following—
(a)
to search the individual;
(b)
to enter and search the individual’s place of residence or any other premises that are specified in the warrant.
(3)
An application for a warrant under this paragraph must be made to the appropriate judicial authority.
(4)
The appropriate judicial authority may, on such an application, grant the warrant only if satisfied that the warrant is necessary for the purpose mentioned in sub-paragraph (1).
(5)
A constable may seize anything that the constable finds in the course of a search carried out under a power conferred by a warrant issued under this paragraph—
(a)
for the purpose of ascertaining whether any measure specified in the Part 2 notice has been, is being, or is about to be, contravened by the individual;
(b)
for the purpose of securing compliance by the individual with measures specified in the Part 2 notice;
(c)
if the constable has reasonable grounds for suspecting that—
(i)
the thing is or contains evidence in relation to an offence, and
(ii)
it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.
(6)
In this paragraph “appropriate judicial authority”, in relation to a warrant, means—
(a)
a justice of the peace, if the application for the warrant is made in England or Wales;
(b)
a sheriff, if the application is made in Scotland;
(c)
a lay magistrate, if the application is made in Northern Ireland.