Gambling Act 2005

Gambling Act 2005

2005 CHAPTER 19

Territorial Extent

Territorial limits – vessels and aircraft

Schedule 15: Private gaming and betting

Part 15: Inspection

Section 319: Records

793. A person entering under this Part may only inspect or seize records (whether written or electronic) without a warrant where the records relate entirely to the matters to which the power of entry relates. Where records also contain information which is not relevant to those matters (i.e. where they are “mixed” records), then they may only be inspected or seized under the powers in paragraphs (c) to (e) of section 317(1) under the authority of a judicial warrant. For example, “mixed” records may contain information relating to personnel matters or may be commercially sensitive material irrelevant to the matters for which the powers of entry have been exercised. A justice of the peace may only issue such a warrant if he is satisfied that it is necessary to allow inspection of mixed records. The justice of the peace must also be satisfied that one of the following conditions is met:

• Notice has been given to a person in control of the records of the intention to apply for a warrant, or

• The purpose of exercising the power may be frustrated or seriously prejudiced by the giving of such a notice.