Part 3 Enforcement officers’ powers and orders

Subpart 1—Surveillance device warrants and declaratory orders

45 Restrictions on some trespass surveillance and use of interception device

(1)

Nothing in this subpart authorises any enforcement officer to undertake trespass surveillance (other than by means of a tracking device) except in order to obtain evidential material in relation to an offence—

(a)

that is punishable by a term of imprisonment of 7 years or more; or

(b)

against section 16(4), 16A, 43, 43AA, 44, 44AA, 44A, 45, 50, 50A, 50AA, 50B, 50C, 50CA, 50D, 51, 53A(2), 54, 55, or 55A of the Arms Act 1983; or

(c)

against section 25, 26, or 70 of the Psychoactive Substances Act 2013.

(2)

Nothing in this subpart authorises any enforcement officer to use an interception device except in order to obtain evidential material in relation to an offence—

(a)

that is punishable by a term of imprisonment of 7 years or more; or

(b)

against section 16(4), 16A, 44, 44A, 45, 50, 50A, 50B, 50C, 50D, 51, 53A(2), 54, 55, or 55A of the Arms Act 1983; or

(c)

against section 25, 26, or 70 of the Psychoactive Substances Act 2013.

Section 45(1)(b): replaced, on 25 June 2020, by section 109 of the Arms Legislation Act 2020 (2020 No 23).

Section 45(1)(c): inserted, on 18 July 2013, by section 108(3) of the Psychoactive Substances Act 2013 (2013 No 53).

Section 45(2)(b): replaced, on 25 June 2020, by section 109 of the Arms Legislation Act 2020 (2020 No 23).

Section 45(2)(c): inserted, on 18 July 2013, by section 108(5) of the Psychoactive Substances Act 2013 (2013 No 53).