Counter-Terrorism and Border Security Bill (HC Bill 249)

(2) In sub-paragraph (1), for “the responsible” substitute “a”.

(3) In sub-paragraph (2), for “the responsible” substitute “a”.

(4) In sub-paragraph (3)(b), for “2 years” substitute “5 years”.

(5) After sub-paragraph (3) insert—

“(4) 5In this paragraph “chief officer of police” means—

(a) a chief officer of police of a police force in England and
Wales,

(b) the chief constable of the Police Service of Scotland, or

(c) the Chief Constable of the Police Service of Northern
10Ireland.”

11 After paragraph 20E insert—

“20EA (1) This paragraph applies where paragraph 20A material is or
includes a person’s fingerprints (“the original fingerprints”).

(2) A constable may make a determination under this paragraph in
15respect of any further fingerprints taken from, or provided by, the
same person (“the further fingerprints”) if conditions 1 and 2 are
met.

(3) Condition 1 is met if the further fingerprints—

(a) are paragraph 20A material,

(b) 20are taken or provided under or by virtue of—

(i) Part 5 of the Police and Criminal Evidence Act
1984,

(ii) Article 61 of the Police and Criminal Evidence
(Northern Ireland) Order 1989 (S.I. 1989/1341S.I. 1989/1341 (N.I.
2512)),

(iii) any provision, power or authority mentioned in
section 18G(1) of the Criminal Procedure
(Scotland) Act 1995,

(iv) paragraph 1 or 4 of Schedule 6 to the Terrorism
30Prevention and Investigation Measures Act 2011,
or

(v) paragraph 27 of Schedule 3 to the Counter-
Terrorism and Border Security Act 2018, or

(c) are material to which section 18 of the Counter-Terrorism
35Act 2008 applies.

(4) Condition 2 is met if—

(a) in a case where the further fingerprints are material to
which section 18 of the Counter-Terrorism Act 2008
applies, the original fingerprints and the further
40fingerprints are held under the law of the same part of the
United Kingdom;

(b) in any other case, the original fingerprints and the further
fingerprints were taken from or provided by the person in
the same part of the United Kingdom.

(5) 45Where a determination under this paragraph is made in respect of
the further fingerprints—

(a) the further fingerprints may be retained for as long as the
original fingerprints are retained under any power
conferred by paragraphs 20B to 20E, and

(b) a requirement under any enactment to destroy the further
5fingerprints does not apply for as long their retention is
authorised by paragraph (a).

(6) Sub-paragraph (5)(a) does not prevent the further fingerprints
being retained after the original fingerprints fall to be destroyed if
the continued retention of the further fingerprints is authorised
10under any enactment.

(7) A written record must be made of a determination under this
paragraph.

(8) In this paragraph—

(a) “enactment” includes—

(i) 15an enactment comprised in, or in an instrument
made under, an Act of the Scottish Parliament, and

(ii) an enactment comprised in, or in an instrument
made under, Northern Ireland legislation;

(b) references to a part of the United Kingdom are references
20to—

(i) England and Wales,

(ii) Scotland, or

(iii) Northern Ireland.”

Counter-Terrorism Act 2008

12 25The Counter-Terrorism Act 2008 is amended as follows.

13 (1) Section 18B (retention for purposes of national security) is amended as
follows.

(2) In subsection (1) after “responsible officer” insert “, or by a chief officer of
police,”.

(3) 30In subsection (2) after “responsible officer” insert “, or a chief officer of
police,”.

(4) In subsection (3)(b) for “2 years” substitute “5 years”.

(5) After subsection (3) insert—

“(4) In this section “chief officer of police” means a person other than the
35responsible officer who is—

(a) the chief officer of police of a police force in England and
Wales, or

(b) the Chief Constable of the Police Service of Northern
Ireland.”

14 40After section 18B insert—

“18BA Retention of further fingerprints

(1) This section applies where section 18 material is or includes a
person’s fingerprints (“the original fingerprints”).

(2) An appropriate officer may make a determination under this section
in respect of any further fingerprints taken from the same person
(“the further fingerprints”) if conditions 1 and 2 are met.

(3) Condition 1 is met if the further fingerprints—

(a) 5are section 18 material, or

(b) are taken under—

(i) Part 5 of the Police and Criminal Evidence Act 1984,

(ii) Article 61 of the Police and Criminal Evidence
(Northern Ireland) Order 1989 (S.I. 1989/1341S.I. 1989/1341 (N.I.
1012)),

(iii) paragraph 10 of Schedule 8 to the Terrorism Act 2000,

(iv) paragraph 1 of Schedule 6 to the Terrorism
Prevention and Investigation Measures Act 2011, or

(v) paragraph 27 of Schedule 3 to the Counter-Terrorism
15and Border Security Act 2018.

(4) Condition 2 is met if the both the original fingerprints and the further
fingerprints—

(a) are held by a law enforcement authority under the law of
England and Wales, or

(b) 20are held by a law enforcement authority under the law of
Northern Ireland.

(5) Where a determination under this section is made in respect of the
further fingerprints—

(a) the further fingerprints may be retained for as long as the
25original fingerprints are retained under a power conferred by
section 18A or 18B, and

(b) a requirement under any enactment to destroy the further
fingerprints does not apply for as long their retention is
authorised by paragraph (a).

(6) 30Subsection (5)(a) does not prevent the further fingerprints being
retained after the original fingerprints fall to be destroyed if the
continued retention of the further fingerprints is authorised under
any enactment.

(7) A written record must be made of a determination under this section.

(8) 35In this section—

• “appropriate officer” means—

  (a)

  a constable, or

  (b)

  an officer of Revenue and Customs who is not below
  such grade as is designated for the purposes of this
  40section by the Commissioners for Her Majesty’s
  Revenue and Customers;

• “enactment” includes an enactment comprised in, or in an
  instrument made under, Northern Ireland legislation.”

Terrorism Prevention and Investigation Measures Act 2011

15 45Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011
(fingerprints and samples) is amended as follows.

16 (1) Paragraph 11 is amended as follows.

(2) In sub-paragraph (1), for “the responsible” substitute “a”.

(3) In sub-paragraph (2), for “the responsible” substitute “a”.

(4) in sub-paragraph (3)(b), for “2 years” substitute “5 years”.

(5) 5After sub-paragraph (3) insert—

“(4) In this paragraph “chief officer of police” means—

(a) a chief officer of police of a police force in England and
Wales,

(b) the chief constable of the Police Service of Scotland, or

(c) 10the Chief Constable of the Police Service of Northern
Ireland.”

17 After paragraph 11 insert—

“11A (1) This paragraph applies where paragraph 6 material is or includes
a person’s fingerprints (“the original fingerprints”).

(2) 15A constable may make a determination under this paragraph in
respect of any further fingerprints taken from, or provided by, the
same person (“the further fingerprints”) if conditions 1 and 2 are
met.

(3) Condition 1 is met if the further fingerprints—

(a) 20are paragraph 6 material,

(b) are taken or provided under or by virtue of—

(i) Part 5 of the Police and Criminal Evidence Act
1984,

(ii) Article 61 of the Police and Criminal Evidence
25(Northern Ireland) Order 1989 (S.I. 1989/1341S.I. 1989/1341 (N.I.
12)),

(iii) any provision, power or authority mentioned in
section 18G(1) of the Criminal Procedure
(Scotland) Act 1995,

(iv) 30paragraph 10 of Schedule 8 to the Terrorism Act
2000, or

(v) paragraph 27 of Schedule 3 to the Counter-
Terrorism and Border Security Act 2018, or

(c) are material to which section 18 of the Counter-Terrorism
35Act 2008 applies.

(4) Condition 2 is met if—

(a) in a case where the further fingerprints are material to
which section 18 of the Counter-Terrorism Act 2008
applies, the original fingerprints and the further
40fingerprints are held under the law of the same part of the
United Kingdom;

(b) in any other case, the original fingerprints and the further
fingerprints were taken from or provided by the person in
the same part of the United Kingdom.

(5) 45Where a determination under this paragraph is made in respect of
the further fingerprints—

(a) the further fingerprints may be retained for as long as the
original fingerprints are retained under any power
conferred by paragraph 8, 9 or 11, and

(b) a requirement under any enactment to destroy the further
5fingerprints does not apply for as long their retention is
authorised by paragraph (a).

(6) Sub-paragraph (5)(a) does not prevent the further fingerprints
being retained after the original fingerprints fall to be destroyed if
the continued retention of the further fingerprints is authorised
10under any enactment.

(7) A written record must be made of a determination under this
paragraph.

(8) In this paragraph—

(a) “enactment” includes—

(i) 15an enactment comprised in, or in an instrument
made under, an Act of the Scottish Parliament, and

(ii) an enactment comprised in, or in an instrument
made under, Northern Ireland legislation;

(b) references to a part of the United Kingdom are references
20to—

(i) England and Wales,

(ii) Scotland, or

(iii) Northern Ireland.”

Protection of Freedoms Act 2012

18 25Part 6 of Schedule 1 to the Protection of Freedoms Act 2012 (material subject
to the Police and Criminal Evidence (Northern Ireland) Order 1989) is
amended as follows.

19 In paragraph 7, in sub-paragraph (3)(b) for “2 years” substitute “5 years”.

20 After paragraph 7 insert—

“7A (1) 30This paragraph applies where—

(a) fingerprints to which paragraph 7 applies have been taken
from a person (“the original fingerprints”), and

(b) a national security determination under that paragraph is
made in relation to the original fingerprints.

(2) 35A constable may make a determination under this paragraph in
respect of any further fingerprints taken from the same person
(“the further fingerprints”) if condition 1 or condition 2 is met.

(3) Condition 1 is met if—

(a) the further fingerprints are fingerprints to which
40paragraph 7 applies, and

(b) the further fingerprints or the original fingerprints were
taken in connection with a terrorist investigation, as
defined by section 32 of the Terrorism Act 2000.

(4) Condition 2 is met if the further fingerprints were taken from the
45person in Northern Ireland under—

(a) paragraph 10 of Schedule 8 to the Terrorism Act 2000,

(b) paragraph 1 of Schedule 6 to the Terrorism Prevention and
Investigation Measures Act 2011, or

(c) paragraph 27 of Schedule 3 to the Counter-Terrorism and
5Border Security Act 2018.

(5) Where a determination under this paragraph is made in respect of
the further fingerprints—

(a) the national security determination made in relation to the
original fingerprints also applies in relation to the further
10fingerprints, and

(b) a requirement under any enactment to destroy the further
fingerprints does not apply for as long as the national
security determination has effect.

(6) A written record must be made of a determination under this
15paragraph.

(7) In this paragraph “enactment” includes an enactment comprised
in, or in an instrument made under, Northern Ireland legislation.”

Section 20

SCHEDULE 3 Border security

20Part 1 Powers

Power to stop, question and detain

1 (1) An examining officer may question a person for the purpose of determining
whether the person appears to be a person who is, or has been, engaged in
25hostile activity if condition 1 or condition 2 is met.

(2) Condition 1 is met if—

(a) the person is at a port or in the border area, and

(b) the examining officer believes that the person’s presence at the port
or in the border area is connected with the person’s—

(i) 30entry into, or departure from, Great Britain or Northern
Ireland, or

(ii) travel by air within Great Britain or Northern Ireland.

(3) Condition 2 is met if the person is on a ship or aircraft which has arrived at
any place in Great Britain or Northern Ireland (whether from within or
35outside Great Britain or Northern Ireland).

(4) An examining officer may exercise the powers under this paragraph
whether or not there are grounds for suspecting that a person is or has been
engaged in hostile activity.

(5) A person is or has been engaged in hostile activity for the purposes of this
40Schedule if the person is or has been concerned in the commission,
preparation or instigation of a hostile act that is or may be—

(a) carried out for, or on behalf of, a State other than the United
Kingdom, or

(b) otherwise in the interests of a State other than the United Kingdom.

(6) An act is a “hostile act” if it—

(a) 5threatens national security,

(b) threatens the economic well-being of the United Kingdom, or

(c) is an act of serious crime.

(7) For the purposes of this paragraph—

(a) it is immaterial—

(i) 10whether a person is aware that activity in which they are or
have been engaged is hostile activity, or

(ii) whether a State for or on behalf of which, or in the interests
of which, a hostile act is carried out has instigated,
sanctioned, or is otherwise aware of, the carrying out of the
15act;

(b) “State” includes the government of a State and any organ of its
government;

(c) references to a State other than the United Kingdom include
references to any territory outside the United Kingdom;

(d) 20the reference to serious crime is to crime where—

(i) the offence, or one of the offences, which is or would be
constituted by the conduct concerned is an offence for which
a person who has reached the age of 18 (or, in relation to
Scotland or Northern Ireland, 21) and has no previous
25convictions could reasonably be expected to be sentenced to
imprisonment for a term of 3 years or more, or

(ii) the conduct involves the use of violence, results in substantial
financial gain or is conduct by a large number of persons in
pursuit of a common purpose.

2 30An examining officer may question a person who is in the border area for the
purpose of determining whether the person’s presence in the area is
connected with the person’s entry into, or departure from, Northern Ireland.

3 A person (“P”) questioned under paragraph 1 or 2 must—

(a) give the examining officer any information in P’s possession that the
35officer requests;

(b) give the examining officer on request either a valid passport which
includes a photograph or another document which establishes P’s
identity;

(c) declare whether any documents of a kind specified by the examining
40officer are in P’s possession;

(d) give the examining officer on request any such document.

4 (1) For the purposes of exercising a power under paragraph 1 or 2 an examining
officer may—

(a) stop a person or vehicle;

(b) 45detain a person.

(2) For the purpose of detaining a person under this paragraph, an examining
officer may authorise the person’s removal from a ship, aircraft or vehicle.

(3) Where a person is detained under this paragraph the provisions of Parts 2
and 3 of this Schedule (detention and review of detention) apply.

(4) The power conferred by sub-paragraph (1)(a) to stop a vehicle does not
include a power to stop an aircraft that is airborne.

5 (1) 5This paragraph applies where a person is questioned under paragraph 1 or
2.

(2) At the end of the 1 hour period, the person may not be questioned under
either of those paragraphs unless the person is detained under paragraph 4.

(3) If the person is detained under paragraph 4, the person must be released not
10later than the end of the 6 hour period (unless detained under another
power).

(4) In this paragraph—

• “the 1 hour period” is the period of 1 hour beginning with the time the
  person is first questioned under paragraph 1 or 2;

• 15“the 6 hour period” is the period of 6 hours beginning with that time.

(5) If a person detained under paragraph 4 is removed to hospital because the
person needs medical treatment—

(a) any time during which the person is being questioned under
paragraph 1 or 2 in hospital or on the way there or back is to be
20included in calculating the 6 hour period, but

(b) any other time when the person is in hospital or on the way there or
back is not to be included.

6 (1) An answer or information given orally by a person in response to a question
asked under paragraph 1 or 2 may not be used in evidence in criminal
25proceedings.

(2) Sub-paragraph (1) does not apply—

(a) in the case of proceedings under paragraph 16,

(b) on a prosecution for perjury, or

(c) on a prosecution for some other offence where, in giving evidence,
30the person makes a statement inconsistent with the answer or
information mentioned in sub-paragraph (1).

(3) A statement may not be used by virtue of sub-paragraph (2)(c) unless—

(a) evidence relating to it is adduced, or

(b) a question relating to it is asked,

35by or on behalf of the person in the proceedings arising out of the
prosecution.

(4) In sub-paragraph (2)(b) the reference to a prosecution for perjury is—

(a) in the case of England and Wales, a reference to a prosecution for an
offence under section 5 of the Perjury Act 1911;

(b) 40in the case of Northern Ireland, a reference to a prosecution for an
offence under Article 10 of the Perjury (Northern Ireland) Order 1979
(S.I. 1979/1714 (N.I. 19)S.I. 1979/1714 (N.I. 19)).

Searches

7 An examining officer may, for the purpose of determining whether there are
any persons the officer may wish to question under paragraph 1—

(a) search a ship or aircraft;

(b) 5search anything on a ship or aircraft;

(c) search anything that the officer reasonably believes has been, or is
about to be, on a ship or aircraft.

8 (1) An examining officer who questions a person under paragraph 1 may—

(a) search the person;

(b) 10search anything on a ship or aircraft that the person has with them or
which belongs to them;

(c) search anything which the person has with them or which belongs to
them and which the officer reasonably believes has been, or is about
to be, on a ship or aircraft;

(d) 15search a ship or aircraft for anything falling within paragraph (b);

(e) search a vehicle which is on a ship or aircraft;

(f) search a vehicle which the officer reasonably believes has been, or is
about to be, on a ship or aircraft.

(2) Where an examining officer questions a person in the border area under
20paragraph 1 the officer may (in addition to the matters specified in sub-
paragraph (1))—

(a) search a vehicle;

(b) search anything in or on a vehicle;

(c) search anything which the officer reasonably believes has been, or is
25about to be, in or on a vehicle.

(3) The powers conferred by sub-paragraphs (1) and (2) are exercisable only for
the purposes of determining whether a person is or has been engaged in
hostile activity.

(4) A search of a person under this paragraph—

(a) 30must be carried out by somebody of the same sex;

(b) does not extend to the carrying out of an intimate search.

(5) A strip search of a person may not be carried out under this paragraph
unless—

(a) the person is detained under paragraph 4,

(b) 35the examining officer has reasonable grounds to suspect that the
person is concealing something which may be evidence that the
person is or has been engaged in hostile activity, and

(c) the search is authorised by a senior officer who has not been directly
involved in the questioning of the person.

(6) 40“Senior officer” means—

(a) where the examining officer is a constable, a constable of a higher
rank than the examining officer,

(b) where the examining officer is an immigration officer, an
immigration officer of a higher grade than the examining officer, and

(c) 45where the examining officer is a customs officer, a customs officer of
a higher grade than the examining officer.

(7) In this paragraph—

• “intimate search” means a search which consists of a physical
  examination of a person’s body orifices other than the mouth;

• “strip search” means a search which is not an intimate search but
  5involves the removal of an article of clothing which—

  (a)

  is being worn wholly or partly on the trunk, and

  (b)

  is being so worn either next to the skin or next to an article of
  underwear.

9 (1) An examining officer may examine goods to which this paragraph applies
10for the purpose of determining whether they have been used in connection
with a person’s engagement in hostile activity.

(2) This paragraph applies to—

(a) goods which have arrived in or are about to leave Great Britain or
Northern Ireland on a ship or vehicle, and

(b) 15goods which have arrived at or are about to leave any place in Great
Britain or Northern Ireland on an aircraft (whether the place they
have come from or are going to is within or outside Great Britain or
Northern Ireland).

(3) The reference in sub-paragraph (2)(a) to goods which are about to leave
20Great Britain or Northern Ireland on a ship includes goods which—

(a) are held at premises operated by a sea cargo agent, and

(b) are to be delivered to a place in Great Britain or Northern Ireland for
carriage on a ship.

(4) The reference in sub-paragraph (2)(b) to goods which are about to leave any
25place in Great Britain or Northern Ireland on an aircraft includes goods
which—

(a) are held at premises operated by an air cargo agent, and

(b) are to be delivered to a place in Great Britain or Northern Ireland for
carriage on an aircraft.

(5) 30An examination under this paragraph may be carried out only—

(a) at a port;

(b) at premises operated by a sea cargo agent or an air cargo agent;

(c) at a transit shed;

(d) at a designated examination location.

(6) 35For the purposes of determining whether to carry out an examination under
this paragraph an examining officer may—

(a) board a ship or aircraft;

(b) enter premises operated by a sea cargo agent or an air cargo agent;

(c) enter a transit shed;

(d) 40enter a designated examination location.

(7) In this paragraph—

• “air cargo agent” has the meaning given by section 21F(1) of the
  Aviation Security Act 1982;

• “designated examination location” means a location designated by the
  45Secretary of State under paragraph 9(2D) of Schedule 7 to the
  Terrorism Act 2000;

• “goods” includes property of any description and containers;

Counter-Terrorism and Border Security BillPage 40

• “sea cargo agent” has the meaning given by section 41(1) of the
  Aviation and Maritime Security Act 1990;

• “transit shed” has the meaning given by section 25A of the Customs
  and Excise Management Act 1979.

10 (1) 5An examining officer may authorise a person to carry out on the officer’s
behalf a search or examination under any of paragraphs 7  to 9.

(2) A person authorised under this paragraph is to be treated as an examining
officer for the purposes of—

(a) paragraphs 9(6) and 11, and

(b) 10Part 4 of this Schedule.

Retention of property

11 (1) This paragraph applies to any article which—

(a) is given to an examining officer in accordance with paragraph 3(d),

(b) is searched or found on a search under paragraph 8, or

(c) 15is examined under paragraph 9.

(2) An examining officer may retain the article—

(a) for the purpose of examination, for a period not exceeding 7 days
beginning with the day on which the retention commences,

(b) while the officer believes that it may be needed for use as evidence in
20criminal proceedings,

(c) while the officer believes that it may be needed in connection with a
decision of the Secretary of State whether to make a deportation
order under the Immigration Act 1971,

(d) while the officer believes that it could be used in connection with the
25carrying out of a hostile act, or

(e) while the officer believes it necessary to do so for the purpose of
preventing death or significant injury.

12 (1) This paragraph applies in relation to an article retained by virtue of
paragraph 11(2)(d) or (e).

(2) 30The Investigatory Powers Commissioner (“the Commissioner”) must be
informed of the article’s retention as soon as is reasonably practicable.

(3) Sub-paragraph (4) applies where it appears to the Commissioner that there
are reasonable grounds to believe—

(a) that the article has been or could be used in connection with the
35carrying out of a hostile act, or

(b) that returning the article to the person from whom it was taken could
result in a risk of death or significant injury to any person.

(4) The Commissioner may—

(a) direct that the article is destroyed, or

(b) 40authorise the retention and use of the article (subject to sub-
paragraph (5)).

(5) The Commissioner may authorise the retention and use of an article under
sub-paragraph (4)(b) that consists of or includes confidential material only if
satisfied that—

(a) arrangements are in place that are sufficient for ensuring that the
material is retained securely, and

(b) the material will be used only so far as necessary and proportionate
for a relevant purpose.

(6) 5If the Commissioner does not proceed under sub-paragraph (4) in relation to
an article, the Commissioner must (subject to sub-paragraph (7)) direct that
the article is returned to the person from whom it was taken.

(7) Sub-paragraph (6) does not apply if the article is further retained under a
power conferred by paragraph 11(2)(b) or (c).

(8) 10In authorising the retention and use of an article under this paragraph the
Commissioner may impose whatever conditions the Commissioner thinks
appropriate in relation to its retention and use.

(9) For the purposes of sub-paragraph (5)(b), the use of material is necessary for
a relevant purpose if it is necessary—

(a) 15in the interests of national security,

(b) in the interests of the economic well-being of the United Kingdom,

(c) for the purpose of preventing or detecting serious crime, or

(d) for the purpose of preventing death or significant injury.

(10) In this paragraph “confidential material” means—

(a) 20confidential journalistic material, within the meaning of the
Investigatory Powers Act 2016 (see section 264(6) and (7) of that Act),
and

(b) protected material as defined by sub-paragraph (11).

(11) “Protected material”—

(a) 25in relation to England and Wales, means—

(i) items subject to legal privilege, within the meaning of the
Police and Criminal Evidence Act 1984 (see section 10 of that
Act),

(ii) material falling within section 11(1)(a) or (b) of that Act
30(certain personal records, human tissue or tissue fluid held in
confidence), or

(iii) material to which section 14(2) of that Act applies (other
material acquired in course of a trade etc that is held in
confidence);

(b) 35in relation to Scotland, means—

(i) items in respect of which a claim to confidentiality of
communications could be maintained in legal proceedings,
or

(ii) other material of a kind mentioned in paragraph (a)(ii) or (iii)
40of this sub-paragraph;

(c) in relation to Northern Ireland, means—

(i) items subject to legal privilege, within the meaning of the
Police and Criminal Evidence (Northern Ireland) Order 1989
(S.I. 1989/1341 (N.I. 12)S.I. 1989/1341 (N.I. 12)) (see Article 12 of that Order),

(ii) 45material falling with Article 13(1)(a) or (b) of that Order
(certain personal records, human tissue or tissue fluid held in
confidence), or

(iii) material to which Article 16(2) of that Order applies (other
material acquired in the course of a trade etc that is held in
confidence).

13 (1) Before proceeding under paragraph 12 in relation to an article, the
5Commissioner—

(a) must invite each affected party to make representations about how
the Commissioner should proceed under that paragraph, and

(b) must have regard to any representations made by an affected party.

(2) Where a Judicial Commissioner, other than the Investigatory Powers
10Commissioner, exercises a function under paragraph 12 in relation to an
article, an affected party may ask the Investigatory Powers Commissioner to
decide whether to approve the way in which the function was exercised.

(3) Each of the following is an “affected party” for the purposes of this
paragraph—

(a) 15where the examining officer is a constable of a police force in
England and Wales, the chief officer of police of that police force,

(b) where the examining officer is a constable of the Police Service of
Scotland, the chief constable of the Police Service of Scotland,

(c) where the examining officer is a constable of the Police Service of
20Northern Ireland, the Chief Constable of the Police Service of
Northern Ireland,

(d) the Secretary of State, and

(e) the person from whom the article was taken.

(4) Sub-paragraph (5) applies where —

(a) 25a direction for the destruction of an article is given under paragraph
12, or

(b) authorisation for the retention and use of an article is granted under
that paragraph.

(5) The Commissioner must inform the person from whom the article was taken
30that—

(a) a direction to destroy the article has been given, or

(b) (as the case may be) authorisation to retain and use the article has
been granted (and in this case the Commissioner must provide
details of any conditions subject to which that authorisation was
35given).

Power to make and retain copies

14 (1) This paragraph applies where the examining officer is a constable.

(2) The officer may copy anything which—

(a) is given to the officer in accordance with paragraph 3,

(b) 40is searched or found on a search under paragraph 8, or

(c) is examined under paragraph 9.

(3) The copy may be retained—

(a) for so long as it is necessary for the purpose of determining whether
a person is or has been engaged in hostile activity,

(b) 45while the examining officer believes that it may be needed for use as
evidence in criminal proceedings,

(c) while the examining officer believes that it may be needed in
connection with a decision by the Secretary of State whether to make
a deportation order under the Immigration Act 1971,

(d) while the examining officer believes it necessary to retain the copy—

(i) 5in the interests of national security,

(ii) in the interests of the economic well-being of the United
Kingdom, or

(iii) for the purpose of preventing or detecting an act of serious
crime, or

(e) 10while the examining officer believes it necessary to retain the copy to
prevent death or significant injury.

15 (1) This paragraph applies in relation to a copy consisting of or including
confidential material that is retained by virtue of paragraph 14(3)(d) or (e).

(2) The Investigatory Powers Commissioner (“the Commissioner”) must be
15informed of the copy’s retention as soon as is reasonably practicable.

(3) The Commissioner may authorise the retention and use of the copy if both
of the following two conditions are met.

(4) The first condition is that it appears to the Commissioner that there are
reasonable grounds to believe that it is necessary to retain the copy—

(a) 20in the interests of national security,