Part 15Inspection

Powers and procedure

I1319Records

1

A constable, enforcement officer or authorised person exercising a power of entry under or by virtue of this Part may exercise a power under section 317(1)(c) to (e) in relation to records (whether written or electronic) only if the records relate entirely to the matters to which the power of entry relates.

2

A justice of the peace may on the application of a constable, enforcement officer or authorised person issue a warrant disapplying subsection (1) to a specified extent if the justice of the peace is satisfied that the disapplication is necessary.

3

A warrant may be granted under subsection (2) only if the justice of the peace is satisfied—

a

that notice has been given to a person in control of the records of intent to apply for a warrant, or

b

that the purpose of exercising the power of entry may be frustrated or seriously prejudiced by the giving of notice under paragraph (a).

4

A warrant under subsection (2) shall cease to have effect at the end of the period of 28 days beginning with the day of issue.