Part 1: Espionage, sabotage and persons acting for foreign powers Powers of search etc. Schedule 2: Powers of entry, search and seizure Part 1 – England, Wales and Northern Ireland
Paragraph 1 sets out that Part 1 of the Schedule applies in England and Wales and in Northern Ireland. By virtue of paragraphs 2(3), 3(3), 4(3), 9(4) and 13(5) these powers of entry, search and seizure are available where there are reasonable grounds to suspect that a relevant act, as defined here, has been or is about to be committed.
	Paragraph 2 outlines the circumstances in which a justice of the peace or lay magistrate can issue a warrant to enter a premises and search for, seize and retain material believed to be of relevance to the investigation of a relevant act. The warrant may authorise a constable to search relevant premises and any person found there, and to seize and retain material found in that search which is likely to be evidence of a relevant act. A warrant under this paragraph does not allow the seizure of confidential material.
	Paragraph 3 provides for production orders in respect of confidential material. A constable can apply to a judge for an order to require a person to produce confidential material or provide access to it for seizure and retention by a constable. It may also require a person to state to the best of their knowledge the material’s location. This paragraph provides the conditions that must be satisfied for an order to be granted. The order must be complied with within 7 days, or such other period that is specified in the order.
	Paragraph 4 provides for production orders in respect of confidential material that is likely to come into existence within 28 days of the order being issued. Subsection (8) requires the person specified in the application to notify a named constable as soon as is reasonably practicable after any material to which the order relates comes into the person’s possession, custody, or control. The order requires that the material be produced, or access given to a constable, within 7 days of the notification or such other period specified in the order. There is a requirement for the specified person to state to the best of their knowledge or belief the location of material to which the order relates that is not in, and will not come into, their possession, custody, or control within 28 days of the order being made.
	Paragraph 5 provides that an application for a production order under paragraphs 3 or 4 may be made without notice to a judge in chambers. This means that in certain cases, for example, where it could harm an investigation, an application may be made without notifying the defendant.
	Paragraph 6 makes supplementary provision for the production orders in paragraphs 3 and 4. An order does not require the person to produce, or grant access to, material subject to legal privilege. A production order takes effect despite restrictions imposed on disclosure imposed by virtue of an enactment or otherwise. These supplementary provisions also explain how to produce or provide access to material in compliance with the order if it is stored electronically.
	Paragraph 7 provides that production orders can be made in relation to material in the possession of government departments.
	Paragraph 8 provides that a production order under paragraphs 3 or 4 has effect as if it were an order of the court. This means that if a person fails to comply with the requirements of the order, they can be treated as being in contempt of court.
	Paragraph 9 outlines the conditions that must be met for a judge to issue a warrant to authorise a constable to enter a premises and search for, seize and retain confidential material. This does not include material subject to legal privilege. An application may be granted if a judge is satisfied that an order under paragraphs 3 or 4 has not been complied with or the conditions specified are met. Conditions 1 to 4 are the same as for a production order under paragraph 3. Condition 5 relates only to warrants and is primarily concerned with instances in which a production order would have been impractical or where a lack of immediate access to the material may have seriously prejudiced an investigation. Condition 6 relates to applications for all premises warrants.
	Paragraph 10 provides for a constable to apply for an order to require a person to give an explanation of the material that has been seized or produced pursuant to warrants or orders under Part 1 of this Schedule. It provides that an application for an explanation order may be made without notice to a judge in chambers. It also outlines that the order cannot require the disclosure of information that a person would be entitled to refuse to disclose on grounds of legal professional privilege in the High Court. An order may require a lawyer to provide the name and address of a client. An explanation under this paragraph may be given orally or in writing and can only be used as evidence against the person in a prosecution for the offence in paragraph 11. An explanation order has effect as if it were an order of the court.
	Paragraph 11 makes it an offence for a person to knowingly or recklessly make a statement that is false or misleading as to a material particular when purportedly complying with an order under paragraph 10. On indictment, the maximum penalty is a term of imprisonment not exceeding 2 years or a fine (or both). On summary conviction in England and Wales, the maximum penalty is a term of imprisonment not exceeding the general limit in a magistrate’s court or a fine (or both). Summary conviction in Northern Ireland is a maximum penalty of a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).
	Paragraph 12 permits a police officer of at least the rank of superintendent to give any constable authority that is equivalent to a warrant under paragraphs 2 or 9. To give such authority, the officer must have reasonable grounds to believe that the case is one of great emergency and immediate action is necessary. The officer must be satisfied as to the same conditions as for a warrant under paragraphs 2 or 9. Where such authority is given, the Secretary of State must be notified as soon as reasonably practicable. Paragraph 12 also makes clear that an order that gives the authority of a warrant under paragraph 9 does not authorise a constable to retain confidential journalistic material. It is an offence to wilfully obstruct a search undertaken under this authority. The maximum penalty for this offence is imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale (or both).
	Paragraph 13 provides that if a search under paragraph 12 results in the seizure of confidential journalistic material, a constable must apply for a warrant of retention as soon as reasonably practicable unless the confidential journalistic material is not to be retained. A judge may grant an application if they are satisfied that conditions 1 to 3 are met. These conditions are similar to those for a warrant under paragraph 9 and ensure equivalent judicial scrutiny for confidential journalistic material obtained during an urgent search.
	Paragraph 14 specifies the circumstances in which a police officer can give notice to a person requiring an explanation of material seized in a search authorised by paragraph 12. Paragraph 14 makes it an offence to fail to comply with a notice given under it. A defence of reasonable excuse is available.
	Paragraph 15 concerns the application of the Police and Criminal Evidence Act 1984 and Police and Criminal Evidence (Northern Ireland) Order 1989.
	Paragraph 16 allows for the making of procedural rules relevant to proceedings in respect of warrants and orders made in Part 1 of this Schedule.
	Paragraph 17 defines terms used within Part 1 of this Schedule. This includes a definition of confidential material, which comprises both confidential journalistic material and protected material. Subsection (3) provides that confidential journalistic material has the meaning given at section 264 Investigatory Powers Act 2016. Protected material is explained at subsection (4). What is meant by "items subject to legal privilege" is explained at subsection (5). Judge is defined at subsection (6).