(This note is not part of the Regulations)
Sections 42 and 48 of the Legal Services Act 2007 (“the 2007 Act”) permit the Legal Services Board (“the Board”), a person nominated by the Board as provided in section 41(2) of that Act, a person appointed to act for the Board or that person’s nominee to apply in certain circumstances for a warrant authorising the applicant to enter and search the premises of an approved regulator and take possession of any written or electronic records found on the premises. Those circumstances are where the Board has given an approved regulator (within the meaning of the 2007 Act) an intervention direction under section 41 of the 2007 Act or where an order of the Lord Chancellor under section 45 of the 2007 Act has cancelled a body’s designation as an approved regulator.
Regulation 2 specifies the matters of which a judicial officer (a judge of the High Court, circuit judge or justice of the peace) must be satisfied before issuing a warrant.
Regulation 3 regulates the exercise of the powers conferred by the warrant.
Regulation 4 prohibits the taking or copying of records subject to legal privilege, and provides that where such records are taken in error, they must be returned and copies must be destroyed.
Regulation 5 regulates the exercise of the powers conferred by the warrant where the person exercising those powers takes possession of documents under it, in particular in relation to the circumstances in which records must be returned.
Regulations 6, 7 and 8 make further provision which applies where documents are copied under section 42(4) or 48(4) of the 2007 Act.
A full impact assessment of the effect of the policy implemented by this instrument on the costs of business and the voluntary sector is available at www.legislation.gov.uk.