F1PART 5AWholesale cash distribution
Enforcement
206PInspection: warrant
1
A justice of the peace may, on the application of an inspector appointed under section 206O, issue a warrant entitling an inspector or a constable to enter premises if—
a
there is performed on the premises any part of a relevant function in relation to a wholesale cash distribution activity, and
b
any of the following conditions is satisfied.
2
Condition 1 is that—
a
a requirement under section 206Z3 (information) in relation to the relevant function has not been complied with, and
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 206Z3 were imposed in relation to the relevant function 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.
Pt. 5A inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(d), Sch. 9 para. 1