Enterprise Act 2002 (repealed)

Valid from 08/01/2007

[F1 227C Power to enter premises with warrantF2 U.K.

(1) A justice of the peace may issue a warrant authorising an officer of a CPC enforcer to enter premises for purposes falling within section 227A(1) or (2) if the justice of the peace considers that there are reasonable grounds for believing that —

(a) condition A is met; and

(b) either condition B, C or D is met.

(2) Condition A is that there are, on the premises, goods or documents to which an officer of a CPC enforcer would be entitled to have access under sections 227A and 227B.

(3) Condition B is that an officer of a CPC enforcer acting under sections 227A and 227B has been, or would be likely to be, refused admission to the premises or access to the goods or documents.

(4) Condition C is that the goods or documents would be likely to be concealed or interfered with if an appropriate notice were given under section 227A.

(5) Condition D is that there is likely to be nobody at the premises capable of granting admission.

(6) A warrant under this section authorises the officer of the CPC enforcer—

(a) to enter the premises specified in the warrant (using reasonable force if necessary);

(b) to do anything on the premises that an officer of the CPC enforcer would be able to do if he had entered the premises under section 227A;

(c) to search for goods or documents which he has required a person on the premises to produce where that person has failed to comply with such a requirement;

(d) to the extent that it is reasonably necessary to do so, to require any person to whom subsection (7) applies to break open a container and, if that person does not comply with the requirement, or if such a person cannot be identified after all reasonably practicable steps have been taken to identify such a person, to do so himself;

(e) to take any other steps which he considers to be reasonably necessary to preserve, or prevent interference with, goods or documents to which he would be entitled to have access under sections 227A and 227B.

(7) This subsection applies to a person who is responsible for discharging any of the functions of the business being carried on at the premises under inspection.

(8) A warrant under this section—

(a) is issued on information on oath given by an officer of a CPC enforcer;

(b) ceases to have effect at the end of the period of one month beginning with the day of issue; and

(c) must, on request, be produced to the occupier of the premises for inspection.

(9) Any reference in this section to goods or documents being interfered with includes a reference to them being destroyed.

(10) In its application to Scotland, this section has effect as if—

(a) the references in subsection (1) to a justice of the peace included references to a sheriff; and

(b) the reference in subsection (8) to information on oath were a reference to evidence on oath.

(11) In its application to Northern Ireland, this section has effect as if the references in subsection (1) to a justice of the peace were references to a lay magistrate.]

Textual Amendments

F1 Ss. 227A-227F inserted (8.1.2007) by The Enterprise Act 2002 (Amendment) Regulations 2006 (S.I. 2006/3363), reg. 17

Textual Amendments applied to the whole legislation

F2 Act: for the words "solicitor of the Supreme Court of Northern Ireland" wherever they occur there is substituted (prosp.) the words "solicitor of the Court of Judicature of Northern Ireland" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 5 [Editorial Note: this amendment will be carried through into the text of the Act at the same time as any other effects on the Act for the year in which the relevant commencement order (or first such order) is made]