Page:International Criminal Court Act 2001 (UKPGA 2001-17 qp).pdf/62

58 Schedule 5—Investigation of proceeds of ICC crime Part 1—Production or access orders period would be appropriate in the particular circumstances of the application.

(3) Where the judge makes an access order in relation to material on any premises he may, on the application of a constable, order any person who appears to him to be entitled to grant entry to the premises to allow a constable to enter the premises to obtain access to the material.

(4) In this paragraph “specified” means specified in the order.

(5) Where a production or access order is made by virtue of paragraph 4 (special orders), the provisions of this paragraph have effect subject to the modifications specified in that paragraph.

Production or access orders: special orders

4 (1) A production or access order may be made in relation to a person who the judge thinks is likely to have material to which the application relates in his possession, custody or power within the period of 28 days beginning with the date of the order.

(2) A production or access order may also be made in relation to material consisting of or including material which is expected to come into existence within that period.In that case it must specify a person within sub-paragraph (1). (3) Where a production or access order is made by virtue of this paragraph—
 * (a) the order shall require the specified person to notify a named constable as soon as is reasonably practicable after any material to which the application relates comes into his possession, custody or power, and
 * (b) paragraph 3 has effect with the following modifications.

(4) The modifications are—
 * (a) that the references in paragraph 3(1) to material which the specified person has in his possession, custody or power shall be read as references to the material that comes into his possession, custody or power, and
 * (b) that the reference in paragraph 3(2) to the date of the order shall be read as a reference to the date of the notification required by sub-paragraph (3)(a) above.

(5) In this paragraph “specified” means specified in the order.

Effect of order: general

5 (1) An order under this Part of this Schedule has effect as if it were an order of the Crown Court.

(2) Provision may be made by Crown Court Rules as to—
 * (a) the discharge and variation of such orders, and
 * (b) proceedings relating to such orders.

Effect of order: supplementary

6 (1) The following provisions have effect with respect to the effect of an order under this Part of this Schedule.