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The Payment Services Regulations 2009

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Entry, inspection without a warrant etc

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83.—(1) Paragraph (2) applies where an officer has reasonable cause to believe that any premises are being used by—

(i)an authorised payment institution, an EEA authorised payment institution or a small payment institution (including any of its branches) in connection with its business activities;

(ii)an agent providing payment services on behalf of an authorised payment institution, an EEA authorised payment institution or a small payment institution; or

(iii)an entity to which an authorised payment institution or an EEA authorised payment institution has outsourced any of its business activities.

(2) The officer may on producing evidence of authority at any reasonable time—

(a)enter the premises;

(b)inspect the premises;

(c)observe the carrying on of business activities by the authorised payment institution, the EEA authorised payment institution or the small payment institution, as the case may be;

(d)inspect any document found on the premises;

(e)require any person on the premises to provide an explanation of any document or to state where it may be found.

(3) An officer may take copies of, or make extracts from, any document found under paragraph (2).

(4) An officer may exercise powers under this regulation only if the information or document sought to be obtained as a result is reasonably required in connection with the exercise by the Authority of its functions under these Regulations.

(5) An officer may not exercise powers under this regulation in relation to information or documents in respect of which a claim to legal professional privilege (in Scotland, to confidentiality of communications) could be maintained in legal proceedings.

(6) In this regulation—

“document” includes information recorded in any form;

“officer” means an officer of the Authority and includes a member of the Authority’s staff or an agent of the Authority;

“premises” means any premises other than premises used only as a dwelling.

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