Clause 11

This section applies where —

a Magistrate or senior officer of customs not below the rank of Assistant Director‑General of Customs personally exercises any power under section 102;

a senior officer of customs exercises any power under section 103; (c)an officer of customs exercises any power under a warrant under section 101 or any power under section 110; or

an auxiliary police officer exercises any power under an authorisation under section 110.(2) Without affecting any powers under section 101 or 110, the Magistrate, senior officer of customs, officer of customs or auxiliary police officer (as the case may be) (each called X) may, in connection with the exercise of any power mentioned in subsection (1), do all or any of the following in respect of any computer or associated device found in or at the dwelling house, shop or other building or place concerned, as the case may be:

inspect the operation of the computer or associated device, and any data contained in or available to it, if X reasonably believes that the computer or associated device contains data, or data is available to it, that —

relates to any transaction or dealing in any of the goods mentioned in section 101, 103 or 110, as the case may be; or

is evidential material that is relevant to an offence under this Act, any breach of the provisions of this Act or of any restriction or condition subject to or upon which any licence or permit has been granted;

require —

the person by whom or on whose behalf the computer or associated device is or has been so used; or

any person having charge of, or otherwise concerned with the operation of, the computer or associated device,to provide X with any reasonable assistance that he or she may require for the purpose of paragraph (a);

without payment, make copies of, or take extracts from, any data contained in or available to the computer or associated device;

without payment, take possession of the computer or associated device where, in X’s opinion —

the inspection of the computer or associated device, or the inspection or copying of or the taking of any extract from, any data contained in or available to the computer or associated device, cannot reasonably be performed without taking possession;

the computer or associated device may be interfered with or destroyed unless possession is taken; or

the computer or associated device may be required as evidence in proceedings instituted or commenced for any purpose of, or in connection with, this Act;

take onto the premises any equipment and material that X requires for the purpose of exercising any power under this section; (f)operate any electronic equipment on the premises for the purpose of exercising any power under this section.(3) In this section, “data” includes any computer program or computer software installed in a computer and any computer output (within the meaning given by section 2(1) of the Computer Misuse Act 1993).”.