The State Aid (EU Exit) Regulations 2019

Power to enter business premises with a warrant

6.—(1) On an application made to it by the CMA, the court may issue a warrant if it is satisfied that—

(a) there are reasonable grounds to suspect that there has been a misuse of aid by the beneficiary;

(b) entry to the business premises of the beneficiary is necessary for the CMA to decide under regulation 19 whether there has been a misuse of aid by the beneficiary;

(c) the suspected misuse of aid is sufficiently serious to justify entering the business premises of the beneficiary; and

(d) the requirements in sub-paragraph (2) or (3) are met.

(2) The requirements of this sub-paragraph are met if there are reasonable grounds to suspect that—

(a) there are on the business premises documents which the CMA has the power under regulation 19(4)(b) to request for the purposes of deciding whether there has been a misuse of aid; and

(b) if the documents were requested under regulation 19(4)(b), they would not be produced but would be concealed, removed, tampered with or destroyed.

(3) The requirements of this sub-paragraph are met if there are reasonable grounds to suspect that there are on the business premises documents—

(a) the production of which has been requested under regulation 19(4)(b); and

(b) which have not been produced as requested.