Part 5F1... Payment Systems F5and service providers
Words in Pt. 5 heading inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 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
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.
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