Section 1(1) above has effect without prejudice to the
operation –
(a) In England and Wales of any enactment relating to
powers of inspection, search or seizure; and
(b) In Scotland of any enactment or rule of law relating
to powers of examination, search or seizure.
. . .”
15.
S.10 as amended by the Serious Crime Act 2015 s.44(2)(a) now reads as
follows:
“10. Savings
Sections 1 to 3A have effect without prejudice to the
operation (a)
(b)
in England and Wales of any enactment relating to powers of
inspection, search or seizure or of any other enactment by
virtue of which the conduct in question is authorised or
required; and
in Scotland of any enactment or rule of law relating to powers
of examination, search or seizure or of any other enactment or
rule of law by virtue of which the conduct in question is
authorised or required.
and nothing designed to indicate a withholding of
consent to access to any program or data from persons
as enforcement officers shall have effect to make access
unauthorised for the purposes of any of those sections.
In this section—
“enactment” means any enactment, whenever passed or made,
contained in—
(a) an Act of Parliament;
(b) an Act of the Scottish Parliament;
(c) a Measure or Act of the National Assembly for Wales;
(d) an instrument made under any such Act or Measure;
(e) any other subordinate legislation (within the meaning of the
Interpretation Act 1978)
. . .”.
16.
The Claimants submit that until the passage of this amendment to s.10 any act
of CNE which would contravene s.3 of the CMA was unlawful. On the
Claimants’ case, the effect of the amendment is to reverse the previous
position; hence the need for it. The Respondents submit however that the
amendment to s.10 was simply clarificatory. This the Respondents submit
was made clear by the Home Office Circular (Serious Crime Act 2015) and
the Home Office Fact sheet, both dated March 2015, which accompanied the
bill. It is not contested that such documents are admissible in construction of