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There are currently no known outstanding effects for the Human Fertilisation and Embryology Act 1990, Section 40.
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(1)A justice of the peace (including, in Scotland, a sheriff) may issue a warrant under this section if satisfied by the evidence on oath of a member or employee of the Authority that there are reasonable grounds for suspecting that an offence under this Act is being, or has been, committed on any premises.
(2)A warrant under this section shall authorise any named member or employee of the Authority (who must, if so required, produce a document identifying himself), together with any constables—
(a)to enter the premises specified in the warrant, using such force as is reasonably necessary for the purpose, and
(b)to search the premises and—
(i)take possession of anything which he has reasonable grounds to believe may be required to be used in evidence in any proceedings for an offence under this Act, or
(ii)take such steps as appear to be necessary for preserving any such thing or preventing interference with it, including requiring any person having the power to do so to give such assistance as may reasonably be required.
(3)A warrant under this section shall continue in force until the end of the period of one month beginning with the day on which it is issued.
(4)Anything of which possession is taken under this section may be retained—
(a)for a period of six months, or
(b)if within that period proceedings to which the thing is relevant are commenced against any person for an offence under this Act, until the conclusion of those proceedings.
(5)In this section—
(a)the references to things include information recorded in any form, and
(b)the reference in subsection (2)(b)(i) above to taking possession of anything includes, in the case of information recorded otherwise than in legible form, requiring any person having the power to do so to produce a copy of the information in legible form [F1, or in a form from which it can readily be produced in visible and legible form] and taking possession of the copy.
Textual Amendments
F1Words in s. 40(5)(b) inserted (1.4.2003) by 2001 c. 16, ss. 70, 138(2), Sch. 2 Pt. 2 para. 16(1)(2)(e); S.I. 2003/708, art. 2(k)
Modifications etc. (not altering text)
C1S. 40(2) extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, 138(2), Sch. 1 Pt. 1 para. 52; S.I. 2003/708, art. 2(j)
C2S. 40(4) applied (1.4.2003) by 2001 c. 16, ss. 57(1)(k)(4), 138(2); S.I. 2003/708, art. 2(a)
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