29(1)The conditions referred to in paragraph 28(4)(c) are—S
(a)that an order made under paragraph [F122] in relation to material on the premises has not been complied with [F2and, in the case of an application for an all premises warrant, the person specified in the order in pursuance of paragraph 22(3) is also specified in the application] , or
(b)that for any of the reasons mentioned in sub-paragraph (2) it would not be appropriate to make such an order.
(2)The reasons are—
(a)it is not practicable to communicate with any person entitled to produce the material,
(b)it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to the premises [F3to which the application for the warrant relates] , or
(c)the investigation for the purposes of which the application is made may be seriously prejudiced unless a constable can secure immediate access to the material.
Textual Amendments
F1Word in Sch. 5 para. 29(1)(a) substituted (1.4.2003) by 2001 c. 16, s. 70, Sch. 2 Pt. 2 para. 27; S.I. 2003/708, art. 2
F2Words in Sch. 5 para. 29(1)(a) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 27(7)(a); S.I. 2006/1013, art. 2
F3Words in Sch. 5 para. 29(2)(b) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 27(7)(b); S.I. 2006/1013, art. 2