Compensation Act 2006

Enforcement E+W

13 E+W Regulations may permit or require the Regulator to take action of a specified kind for the purpose of assessing compliance with terms or conditions of authorisations.

14 (1) Regulations may enable the Regulator, for the purpose of investigating a complaint about the activities of an authorised person or for the purpose of assessing compliance with terms and conditions of an authorisation, to require the provision of information or documents. E+W

(2) The Regulations may provide that on an application by the Regulator a judge of the High Court, Circuit judge or justice of the peace may issue a warrant authorising the Regulator

[F1 (a) to enter and search premises on which a person conducts or is alleged to conduct regulated claims management business, for the purposes of—

(i) investigating a complaint about the activities of an authorised person, or

(ii) assessing compliance with terms and conditions of an authorisation, and

(b) to take possession of written or electronic records found on the search for the purposes of taking copies in accordance with regulations under sub-paragraph (3).]

(3) Regulations may enable the Regulator to take copies of written or electronic records found on a search by virtue of sub-paragraph (2) for a purpose specified in that subsection.

(4) Regulations may enable the Regulator to [F2 require an authorised person to pay a penalty, or to impose conditions on, suspend or cancel a person's authorisation,] if—

(a) a requirement imposed by virtue of sub-paragraph (1) is not complied with, or

(b) an attempt to exercise a power by virtue of sub-paragraph (2) or (3) is obstructed.

(5) In this paragraph a reference to the Regulator includes a reference to a person authorised by him in writing.

(6) Regulations shall—

(a) specify matters of which a judge or justice of the peace must be satisfied, or to which he must have regard, before issuing a warrant under sub-paragraph (2),

(b) regulate the exercise of a power under or by virtue of sub-paragraph (1), (2) or (3) (whether by restricting the circumstances in which a power may be exercised, by specifying conditions to be complied with in the exercise of a power, or otherwise).

Textual Amendments

F1 Words in Sch. para. 14(2) substituted (30.6.2008) by Legal Services Act 2007 (c. 29), ss. 187, 211, Sch. 19 para. 11(6) (with ss. 29, 192, 193); S.I. 2008/1436, art. 2(e)

F2 Words in Sch. para. 14(4) substituted (21.3.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), ss. 139(6), 148(3); S.I. 2014/772, art. 2

15 E+W Regulations may make provision about the exercise by the Regulator of a power under section 8.