Online Safety Act 2023

Conditions for issue of a warrant

5 (1) A justice of the peace or (in Northern Ireland) a lay magistrate may issue a warrant in relation to premises specified in an application only if satisfied on sworn information in writing given by an authorised person that—

(a) the premises are being used by the provider of a regulated service in connection with the provision of a regulated service;

(b) there are reasonable grounds to suspect that—

(i) the provider is failing to comply, or has failed to comply, with an enforceable requirement that applies in respect of that service, and

(ii) there is information or equipment on the premises, or there are documents on the premises, relevant to OFCOM’s investigation into that failure (or possible failure); and

(c) any of the conditions in sub-paragraph (2) are met.

(2) The conditions are that, in relation to the premises specified in the application for a warrant—

(a) OFCOM have previously given notice to enter the premises, as required in relation to entry without a warrant under paragraph 2, but a person authorised by OFCOM to exercise powers under that paragraph was denied access,

(b) a requirement imposed by a person acting in the exercise of powers conferred by paragraph 2 has not been complied with,

(c) a requirement of a notice under paragraph 3 has not been complied with,

(d) a requirement of a notice under paragraph 4 (audit notice) has not been complied with,

(e) giving notice to enter the premises would defeat the object of entry, or

(f) OFCOM require access to the premises urgently.