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39. (1) A justice may issue a warrant under this paragraph if satisfied on information on oath given by an officer that there are reasonable grounds for believing that the first, second or third set of conditions is satisfied.
(2) The first set of conditions is—
(a)that there is on the premises specified in the warrant recorded information in relation to which a requirement could be imposed under regulation 37(1)(b); and
(b)that if such a requirement were to be imposed—
(i)it would not be complied with; or
(ii)the recorded information to which it relates would be removed, tampered with or destroyed.
(3) The second set of conditions is—
(a)that a person on whom a requirement has been imposed under regulation 37(1)(b) has failed (wholly or in part) to comply with it; and
(b)that there is on the premises specified in the warrant recorded information which has been required to be produced.
(4) The third set of conditions is—
(a)that an officer has been obstructed in the exercise of a power under regulation 38; and
(b)that there is on the premises specified in the warrant recorded information or cash which could be inspected under regulation 38(1)(d) or (f).
(5) A justice may issue a warrant under this paragraph if satisfied on information on oath given by an officer that there are reasonable grounds for suspecting that—
(a)an offence under these Regulations has been, is being or is about to be committed by a relevant person; and
(b)there is on the premises specified in the warrant recorded information relevant to whether that offence has been, or is being or is about to be committed.
(6) A warrant issued under this regulation shall authorise an officer—
(a)to enter the premises specified in the warrant;
(b)to search the premises and take possession of any recorded information or anything appearing to be recorded information specified in the warrant or to take, in relation to any such recorded information, any other steps which may appear to be necessary for preserving it or preventing interference with it;
(c)to take copies of, or extracts from, any recorded information specified in the warrant;
(d)to require any person on the premises to provide an explanation of any recorded information appearing to be of the kind specified in the warrant or to state where it may be found;
(e)to use such force as may reasonably be necessary.
(7) Where a warrant is issued by a justice under paragraph (1) or (5) on the basis of information given by an officer of the Authority, for “an officer” in paragraph (6) substitute “a constable”.
(8) In paragraphs (1), (5) and (7), “justice” means—
(a)in relation to England and Wales, a justice of the peace;
(b)in relation to Scotland, a justice within the meaning of section 307 of the Criminal Procedure (Scotland) Act 1995(1) (interpretation);
(c)in relation to Northern Ireland, a lay magistrate.
(9) In the application of this regulation to Scotland, the references in paragraphs (1) and (5) to information on oath are to be read as references to evidence on oath.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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