Part 5F1... Payment Systems F5and service providers

Annotations:
Amendments (Textual)
F1

Word in Pt. 5 heading omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 2

Enforcement

I1194Inspection: warrant

1

A justice of the peace may on the application of an inspector issue a warrant entitling an inspector or a constable to enter premises if—

F2a

there is conducted on the premises any part of the management or operation of—

i

a recognised payment system (whether by an operator of the system or by someone providing services used by an operator), F7...

F6ia

a recognised DSA service provider, or

ii

a service provider in relation to a recognised payment system F10or a recognised DSA service provider, and

b

any of the following conditions is satisfied.

2

Condition 1 is that—

a

a requirement under section 204 in connection with the payment system F8, the DSA service providerF3or the service provider has not been complied with, and

b

there is reason to believe that information relevant to the requirement is on the premises.

3

Condition 2 is that there is reason to suspect that if a requirement under section 204 were imposed in connection with the payment system F9, the DSA service providerF4or the service provider in respect of information on the premises—

a

the requirement would not be complied with, and

b

the information would be destroyed or otherwise tampered with.

4

Condition 3 is that an inspector—

a

gave reasonable notice of a wish to enter the premises, and

b

was refused entry.

5

Condition 4 is that a person occupying or managing the premises has failed to co-operate with an inspector.

6

A warrant—

a

permits an inspector or a constable to enter the premises,

b

permits an inspector or a constable to search the premises and copy or take possession of information or documents, and

c

permits a constable to use reasonable force.

7

Sections 15(5) to (8) and 16 of the Police and Criminal Evidence Act 1984 (warrants: procedure) apply to warrants under this section.

8

In the application of this section to Scotland—

a

the reference to a justice of the peace includes a reference to a sheriff, and

b

ignore subsection (7).

9

In the application of this section to Northern Ireland—

a

the reference to a justice of the peace is a reference to a lay magistrate, and

b

the reference to sections 15(5) to (8) and 16 of the Police and Criminal Evidence Act 1984 is a reference to the equivalent provisions of the Police and Criminal Evidence (Northern Ireland) Order 1989.