(1)The Regulator may apply to the court for an injunction restraining a person from providing regulated claims management services if he is not—
(a)an authorised person,
(b)an exempt person, or
(c)the subject of a waiver in accordance with regulations under section 9.
(2)In subsection (1) “the court” means the High Court or a county court.
(3)The Regulator may—
(a)investigate whether an offence has been committed under this Part;
(b)institute criminal proceedings in respect of an offence under this Part.
(4)For the purpose of investigating whether an offence has been committed under this Part the Regulator may require the provision of information or documents.
(5)On an application by the Regulator a judge of the High Court, Circuit judge or justice of the peace may issue a warrant authorising the Regulator
[F1(a)]F1 to enter and search premises on which a person conducts or is alleged to conduct regulated claims management business, for the purposes of investigating whether an offence has been committed under this Part.[F2, and
(b)to take possession of any written or electronic records found on the search for the purposes of subsection (6).]
F2(6)The Regulator may take copies of written or electronic records found on a search by virtue of subsection (5) for a purpose specified in subsection (3)(a) or (b).
(7)In subsections (4) to (6) a reference to the Regulator includes a reference to a person authorised by him in writing.
(8)The Secretary of State shall make regulations—
(a)specifying matters of which a judge or justice of the peace must be satisfied, or to which he must have regard, before issuing a warrant under subsection (5), and
(b)regulating the exercise of a power under or by virtue of subsection (4) or (5) (whether by restricting the circumstances in which a power may be exercised, by specifying conditions to be complied with in the exercise of a power, or otherwise).
Textual Amendments
F1Text in s. 8(5) inserted (30.6.2008) by Legal Services Act 2007 (c. 29), ss. 187, 211, Sch. 19 para. 6(2)(a) (with ss. 29, 192, 193); S.I. 2008/1436, art. 2(e)
F2S. 8(5)(b) and preceding word inserted (30.6.2008) by Legal Services Act 2007 (c. 29), ss. 187, 211, Sch. 19 para. 6(2)(b) (with ss. 29, 192, 193); S.I. 2008/1436, art. 2(e)
Commencement Information
I1S. 8 wholly in force; s. 8 not in force at Royal Assent see s. 16; s. 8(8) in force (1.12.2006) by S.I. 2006/3005, art. 3; s. 8(1)-(7) in force at 23. 4.2007 by S.I. 2007/922, art. 3