Data Protection Act 2018

Restrictions on issuing warrants: procedural requirements

4 (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.