The Credit Rating Agencies Regulations 2010

Entry of premises under warrant U.K.

18.—(1) A justice of the peace may, on an application by the Authority, issue a warrant under this regulation if satisfied on information on oath given on behalf of the Authority, an overseas competent authority or an investigator that there are reasonable grounds for believing that the first or second set of conditions is satisfied.

(2) The first set of conditions is—

(a) that a person on whom an information requirement has been imposed has failed (wholly or in part) to comply with it; and

(b) that on the premises specified in the warrant—

(i) there are documents which have been required; or

(ii) there is information which has been required.

(3) The second set of conditions is—

(a) that the premises specified in the warrant are premises used by a relevant person;

(b) that there are on the premises documents or information in relation to which an information requirement could be imposed; and

(c) that if such a requirement were imposed—

(i) it would not be complied with; or

(ii) the documents or information to which it related would be removed, tampered with or destroyed.

(4) A warrant under this regulation shall authorise a constable—

(a) to enter the premises specified in the warrant;

(b) to search the premises and take possession of any documents or information appearing to be documents or information of a kind in respect of which a warrant under this regulation was issued (“the relevant kind”) or to take, in relation to any such documents or information, any other steps which may appear to be necessary for preserving them or preventing interference with them;

(c) to take copies of, or extracts from, any documents or information appearing to be of the relevant kind;

(d) to require any person on the premises to provide an explanation of any document or information appearing to be of the relevant kind or to state where it may be found; and

(e) to use such force as may be reasonably necessary.

(5) In England and Wales, sections 15(5) to (8) and 16 of the Police and Criminal Evidence Act 1984 M1 (execution of search warrants and safeguards) apply to warrants issued under this regulation.

(6) In Northern Ireland, Articles 17(5) to (8) and 18 of the Police and Criminal Evidence (Northern Ireland) Order 1989 M2 apply to warrants issued under this regulation.

(7) Any document of which possession is taken under this regulation may be retained—

(a) for a period of three months; or

(b) if within that period proceedings to which the document is relevant are commenced against any person for any criminal offence, until the conclusion of those proceedings.

(8) In the application of this regulation to Scotland—

(a) for the reference in paragraph (1) to a justice of the peace substitute a reference to a justice of the peace or a sheriff; and

(b) for the reference in paragraph (1) to information on oath substitute a reference to evidence on oath.

(9) In the application of this regulation to Northern Ireland, for the reference in paragraph (1) to a justice of the peace substitute a reference to a lay magistrate appointed under section 9(1) of the Justice (Northern Ireland) Act 2002 M3 .

Marginal Citations

M1 1984 c. 60; subsections (5) to (8) of section 15 were amended by sections 113 and 114 of the Serious Organised Crime and Police Act 2005 (c. 15) and article 7 of the Serious Organised Crime and Police Act 2005 (Amendment) Order 2005 (S.I. 2005/3496); section 16 was amended by section 109(1) of, and paragraph 281 of Schedule 8 to, the Courts Act 2003 (c. 39), section 2 of the Criminal Justice Act 2003 (c. 44), sections 113 and 114 of the Serious Organised Crime and Police Act 2005 and article 8 of the Serious Organised Crime and Police Act 2005 (Amendment) Order 2005.

M2 S.I. 1989 No. 1341 (N.I. 12); article 17 was amended by article 9 of the Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007 No. 288 (N.I. 2)).

M3 2002 c. 26.