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37.—(1) The Regulator may apply to a judicial officer for a search warrant to authorise a search of premises if the Regulator is satisfied, on the basis of information available to the Regulator as a result of a request for information or documents under regulation 36, that—
(a)an authorised person has failed to comply with a condition of authorisation; and
(b)information or documents relevant, and of substantial value, to the investigation of the apparent failure are likely to be found at the premises.
(2) The Regulator may apply to a judicial officer for a search warrant to authorise a search of premises if—
(a)there is reason to believe that—
(i)an authorised person has failed to comply with a condition of authorisation; and
(ii)information or documents relevant, and of substantial value, to the investigation of the apparent failure are likely to be found at the premises; and
(b)paragraph (3) or (5) applies in the particular case.
(3) This paragraph applies if—
(a)the Regulator has required the authorised person to give the Regulator information or documents under regulation 36; and
(b)the authorised person has not done so within the period permitted by the requirement.
(4) An application for a search warrant in relation to which paragraph (3) applies must set out the steps taken to require the person to provide information or documents under regulation 36, and the person’s response, if any.
(5) This paragraph applies if there is reason to believe that if the Regulator required the authorised person to give information or documents under regulation 36, documents relevant to the investigation of the apparent failure would be removed, tampered with or destroyed.
(6) A judicial officer must not issue a search warrant under this regulation unless he is satisfied that the warrant is for the purpose of—
(a)investigating a complaint about the activities of an authorised person; or
(b)assessing compliance with a condition or conditions of an authorisation.
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