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The Public Regulated Service (Galileo) Regulations 2018

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Power to enter premises with warrant

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22.—(1) On an application by the compliance authority, a court may issue a warrant, in accordance with regulation 23(1), if it is satisfied that there are reasonable grounds for considering that—

(a)condition A or B is met, and

(b)condition C, D or E is met.

(2) Condition A is that on the premises there is—

(a)a PRS product or document which the officer has power to inspect under regulation 26, or

(b)a document which the officer could require a person to produce under regulation 27.

(3) Condition B is that a breach of regulation 4 or a licence condition is about to take place, is taking place or has taken place on the premises.

(4) Condition C is that—

(a)access to the premises or the exercise of any of the powers conferred under regulation 24 has been or is likely to be refused, and

(b)notice of the compliance authority’s intention to apply for a warrant under this regulation has been served on the occupier of the premises.

(5) Condition D is that it is likely that the PRS product or document on the premises would be concealed or interfered with if notice of entry on the premises were given to the occupier of the premises.

(6) Condition E is that—

(a)the premises are unoccupied, or

(b)the occupier of the premises is absent, and it might defeat the purpose of the entry to wait for the occupier’s return.

(7) In paragraph (1) “court” means—

(a)in England and Wales or Northern Ireland, the county court or the High Court, or

(b)in Scotland—

(i)the sheriff or summary sheriff, or

(ii)the Court of Session but only in proceedings under regulation 12.

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