Explanatory Notes

Financial Services and Markets Act 2000

2000 CHAPTER 8

14 June 2000

Commentary on Sections

Part Xi: Information Gathering & Investigations

Section 176: Entry of premises under warrant

342.An investigator appointed by the Authority or the Secretary of State may obtain a warrant for entry to any premises from a justice of the peace, or in Scotland from a justice of the peace or a sheriff.  Such a warrant can then be executed by a police constable (subsection (5) sets out what the constable may do in the exercise of the warrant).

343.To issue the warrant the justice of the peace or sheriff must be satisfied that there are reasonable grounds for believing:

344.Subsections (6) and (7) apply to these warrants certain safeguards and other protections that apply to warrants issued under the Police and Criminal Evidence Act 1984 and the equivalent order in Northern Ireland.  This includes giving the constable the right to employ reasonable force to gain entry.

345.Subsection (8) provides for documents seized under a warrant to be held for up to 3 months, or for longer if relevant proceedings are instituted during that period.