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The Pensions (Northern Ireland) Order 1995

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This is the original version (as it was originally made).

Warrants

98.—(1) A justice of the peace may issue a warrant under this Article if satisfied on complaint on oath given by or on behalf of the Authority that there are reasonable grounds for believing—

(a)that there are on any premises documents whose production has been required under Article 96(1) or 97(1)(b), or any corresponding provisions in force in Great Britain, and which have not been produced in compliance with the requirement.

(b)that there are on any premises documents whose production could be so required and that if their production were so required the documents would not be produced but would be removed from the premises, hidden, tampered with or destroyed, or

(c)that—

(i)an offence has been committed under this Order or the Pension Schemes Act, or any enactment in force in Great Britain corresponding to either of them,

(ii)a person will do any act which constitutes a misuse or misappropriation of the assets of an occupational pension scheme

(iii)a person is liable to pay a penalty under Article 10 or section 164(4) of the Pension Schemes Act, or any enactment in force in Great Britain corresponding to either of them, or

(iv)a person is liable to be prohibited from being a trustee of a trust scheme under Article 3,

and that there are on any premises documents which relate to whether the offence has been committed, whether the act will be done, or whether the person is so liable, and whose production could be required under Article 96(1) or 97(1)(b), or any corresponding provisions in force in Great Britain.

(2) A warrant under this Article authorises an inspector—

(a)to enter the premises specified in the complaint, using such force as is reasonably necessary for the purpose,

(b)to search the premises and take possession of any documents appearing to be such documents as are mentioned in paragraph (1) or to take in relation to such documents any other steps which appear necessary for preserving them or preventing interference with them,

(c)to take copies of any such documents, or

(d)to require any person named in the warrant to provide an explanation of them or to state where they may be found.

(3) A warrant under this Article continues in force until the end of the period of one month beginning with the day on which it is issued.

(4) Any documents of which possession is taken by virtue of a warrant under this Article may be retained—

(a)for a period of six months, or

(b)if within that period proceedings to which the documents are relevant are commenced against any person for any offence under this Order or the Pension Schemes Act, or any enactment in force in Great Britain corresponding to either of them, until the conclusion of those proceedings.

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