Terrorism Bill - continued        House of Lords
PART VII, NORTHERN IRELAND - continued
Powers of arrest, search, &c. - continued

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Examination of documents.     87. - (1) A member of Her Majesty's forces or a constable who performs a search under a provision of this Part-
 
 
    (a) may examine any document or record found in order to ascertain whether it contains information of the kind mentioned in section 58(1)(a) or 103(1)(a), and
 
    (b) if necessary or expedient for the purpose of paragraph (a), may remove the document or record to another place and retain it there until the examination is completed.
      (2) Subsection (1) shall not permit a person to examine a document or record if he has reasonable cause to believe that it is an item subject to legal privilege (within the meaning of the Police and Criminal Evidence (Northern Ireland) Order 1989).
 
      (3) Subject to subsections (4) and (5), a document or record may not be retained by virtue of subsection (1)(b) for more than 48 hours.
 
      (4) An officer of the Royal Ulster Constabulary who is of at least the rank of chief inspector may authorise a constable to retain a document or record for a further period or periods.
 
      (5) Subsection (4) does not permit the retention of a document or record after the end of the period of 96 hours beginning with the time when it was removed for examination under subsection (1)(b).
 
      (6) A person who wilfully obstructs a member of Her Majesty's forces or a constable in the exercise of a power conferred by this section commits an offence.
 
      (7) A person guilty of an offence under subsection (6) shall be liable-
 
 
    (a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
 
    (b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
Examination of documents: procedure.     88. - (1) Where a document or record is examined under section 87-
 
 
    (a) it shall not be photographed or copied, and
 
    (b) the person who examines it shall make a written record of the examination as soon as is reasonably practicable.
      (2) The record shall-
 
 
    (a) describe the document or record,
 
    (b) specify the object of the examination,
 
    (c) state the address of the premises where the document or record was found,
 
    (d) where the document or record was found in the course of a search of a person, state the person's name,
 
    (e) where the document or record was found in the course of a search of any premises, state the name of a person appearing to the person making the record to be the occupier of the premises or to have had custody or control of the document or record when it was found,
 
    (f) where the document or record is removed for examination from the place where it was found, state the date and time when it was removed, and
 
    (g) where the document or record was examined at the place where it was found, state the date and time of examination.
      (3) The record shall identify the person by whom the examination was carried out-
 
 
    (a) in the case of a constable, by reference to his police number, and
 
    (b) in the case of a member of Her Majesty's forces, by reference to his service number, rank and regiment.
      (4) Where a person makes a record of a search in accordance with this section, he shall as soon as is reasonably practicable supply a copy-
 
 
    (a) in a case where the document or record was found in the course of a search of a person, to that person, and
 
    (b) in a case where the document or record was found in the course of a search of any premises, to a person appearing to the person making the record to be the occupier of the premises or to have had custody or control of the document or record when it was found.
Power to stop and question.     89. - (1) An officer may stop a person for so long as is necessary to question him to ascertain-
 
 
    (a) his identity and movements;
 
    (b) what he knows about a recent explosion or another recent incident endangering life;
 
    (c) what he knows about a person killed or injured in a recent explosion or incident.
      (2) A person commits an offence if he-
 
 
    (a) fails to stop when required to do so under this section,
 
    (b) refuses to answer a question addressed to him under this section, or
 
    (c) fails to answer to the best of his knowledge and ability a question addressed to him under this section.
      (3) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
 
      (4) In this section "officer" means-
 
 
    (a) a member of Her Majesty's forces on duty, or
 
    (b) a constable.
Power of entry.     90. - (1) An officer may enter any premises if he considers it necessary in the course of operations for the preservation of the peace or the maintenance of order.
 
      (2) In this section "officer" means-
 
 
    (a) a member of Her Majesty's forces on duty, or
 
    (b) a constable.
Taking possession of land, &c.     91. If the Secretary of State considers it necessary for the preservation of the peace or the maintenance of order, he may authorise a person-
 
 
    (a) to take possession of land or other property;
 
    (b) to take steps to place buildings or other structures in a state of defence;
 
    (c) to detain property or cause it to be destroyed or moved;
 
    (d) to carry out works on land of which possession has been taken by virtue of this section;
 
    (e) to take any other action which interferes with a public right or with a private right of property.
Road closure: permission.     92. - (1) If he considers it immediately necessary for the preservation of the peace or the maintenance of order, an officer may-
 
 
    (a) wholly or partly close a road;
 
    (b) divert or otherwise interfere with a road or the use of a road;
 
    (c) prohibit or restrict the exercise of a right of way;
 
    (d) prohibit or restrict the use of a waterway.
      (2) In this section "officer" means-
 
 
    (a) a member of Her Majesty's forces on duty,
 
    (b) a constable, or
 
    (c) a person authorised for the purposes of this section by the Secretary of State.
 
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