SCHEDULES

C1SCHEDULE 15Powers of entry and inspection

Annotations:
Modifications etc. (not altering text)
C1

Sch. 15 applied (with modifications) by S.I. 2016/696, Sch. 2 (as substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 406 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g) (with reg. 4))

Restrictions on issuing warrants: procedural requirements

I1C14

1

A judge must not issue a warrant under this Schedule unless satisfied that—

a

the conditions in sub-paragraphs (2) to (4) are met,

b

compliance with those conditions would defeat the object of entry to the premises in question, or

c

the Commissioner requires access to the premises in question urgently.

2

The first condition is that the Commissioner has given 7 days' notice in writing to the occupier of the premises in question demanding access to the premises.

3

The second condition is that—

a

access to the premises was demanded at a reasonable hour and was unreasonably refused, or

b

entry to the premises was granted but the occupier unreasonably refused to comply with a request by the Commissioner or the Commissioner's officers or staff to be allowed to do any of the things referred to in paragraph 5.

4

The third condition is that, since the refusal, the occupier of the premises—

a

has been notified by the Commissioner of the application for the warrant, and

b

has had an opportunity to be heard by the judge on the question of whether or not the warrant should be issued.

5

In determining whether the first condition is met, an assessment notice given to the occupier is to be disregarded.