Legal Services Act 2007

Valid from 01/10/2011

Order to produce or deliver documents E+W

9 (1) The High Court may, on the application of the licensing authority, make an order for production or delivery— E+W

(a) in relation to a person required to produce documents under paragraph 8 and the documents the person was required to produce;

(b) if it is satisfied that there is reason to suspect that documents in relation to which the powers in paragraph 8 are exercisable have come into the possession or under the control of some person other than the licensed body, in relation to that person and those documents.

(2) An order for production or delivery is an order—

(a) requiring a person to produce or deliver documents to any person appointed by the licensing authority, at a time and place specified in the order, and

(b) authorising the appointed person to take possession of the documents on behalf of the licensing authority.

(3) The court may, on the application of the licensing authority, authorise a person appointed by the licensing authority to enter any premises (using such force as is reasonably necessary) to search for and take possession of—

(a) any documents to which an order for production or delivery relates;

(b) any property—

(i) in the possession of or under the control of the licensed body, or

(ii) in the case of an order under sub-paragraph (1)(b), which was in the possession or under the control of that body and has come into the possession or under the control of the person in respect of whom the order is made,

which the licensing authority reasonably requires for the purpose of accessing information contained in any such documents,

and to use property obtained under paragraph (b) for that purpose.

(4) It may do so on making the order for production or delivery, or at any later time.