Page:Police and Criminal Evidence Act 1984.pdf/19

Rh

14.—(1) In this Act “special procedure material” means—
 * (a) material to which subsection (2) below applies; and
 * (b) journalistic material, other than excluded material.

(2) Subject to the following provisions of this section, this subsection applies to material, other than items subject to legal privilege and excluded material, in the possession of a person who—
 * (a) acquired or created it in the course of any trade, business, profession or other occupation or for the purpose of any paid or unpaid office; and
 * (b) holds it subject—
 * (i) to an express or implied undertaking to hold it in confidence; or
 * (ii) to a restriction or obligation such as is mentioned in section 11(2)(b) above.

(3) Where material is acquired—
 * (a) by an employee from his employer and in the course of his employment; or
 * (b) by a company from an associated company,

it is only special procedure material if it was special procedure material immediately before the acquisition.

(4) Where material is created by an employee in the course of his employment, it is only special procedure material if it would have been special procedure material had his employer created it.

(5) Where material is created by a company on behalf of an associated company, it is only special procedure material if it would have been special procedure material had the associated company created it.

(6) A company is to be treated as another's associated company for the purposes of this section if it would be so treated under section 302 of the Income and Corporation Taxes Act 1970.

15.—(1) This section and section 16 below have effect in relation to the issue to constables under any enactment, including an enactment contained in an Act passed after this Act, of warrants to enter and search premises; and an entry on or search of premises under a warrant is unlawful unless it complies with this section and section 16 below.

(2) Where a constable applies for any such warrant, it shall be his duty—