Part III Licensing of Credit and Hire Businesses

Miscellaneous

36DF1Entry to premises under warrant

1

A justice of the peace may issue a warrant under this section if satisfied on information on oath given on behalf of the OFT that there are reasonable grounds for believing that the following conditions are satisfied.

2

Those conditions are—

a

that there is on the premises specified in the warrant information or documents in relation to which a requirement could be imposed under section 36B; and

b

that if such a requirement were to be imposed in relation to the information or documents—

i

it would not be complied with; or

ii

the information or documents would be tampered with.

3

A warrant under this section shall authorise an officer of an enforcement authority—

a

to enter the premises specified in the warrant;

b

to search the premises and to seize and detain any information or documents appearing to be information or documents specified in the warrant or information or documents of a description so specified;

c

to take any other steps which may appear to be reasonably necessary for preserving such information or documents or preventing interference with them; and

d

to use such force as may be reasonably necessary.

4

An officer entering premises by virtue of this section may take such persons and equipment with him as he thinks necessary.

5

In the application of this section to Scotland—

a

the reference to a justice of the peace includes a reference to a sheriff;

b

for ‘information on oath’ there is substituted ‘evidence on oath’.

6

In the application of this section to Northern Ireland the reference to a justice of the peace shall be construed as a reference to a lay magistrate.