Part II

Investigations in relation to Articles 85 and 86

Power to enter premises: Director’s special investigations
63
1
A judge of the High Court may issue a warrant if satisfied, on an application made to the High Court in accordance with rules of court by the Director, that a Director’s special investigation is being, or is likely to be, obstructed.
2
A Director’s special investigation is being obstructed if—
a
an authorised officer of the Director has attempted to enter premises but has been unable to do so;
b
the officer has produced his authorisation to the undertaking, or association of undertakings, concerned; and
c
there are reasonable grounds for suspecting that there are books or records on the premises which the officer has power to examine.
3
A Director’s special investigation is also being obstructed if—
a
there are reasonable grounds for suspecting that there are books or records on the premises which an authorised officer of the Director has power to examine;
b
the officer has produced his authorisation to the undertaking, or association of undertakings, and has required production of the books or records; and
c
the books and records have not been produced as required.
4
A Director’s special investigation is likely to be obstructed if—
a
there are reasonable grounds for suspecting that there are books or records on the premises which an authorised officer of the Director has power to examine; and
b
there are also reasonable grounds for suspecting that, if the officer attempted to exercise his power to examine any of the books or records, they would not be produced but would be concealed, removed, tampered with or destroyed.
5
A warrant under this section shall authorise—
a
a named authorised officer of the Director,
b
any other authorised officer accompanying the named officer, and
c
any named official of the Commission,
to enter the premises specified in the warrant, and search for books and records which the authorised officer has power to examine, using such force as is reasonably necessary for the purpose.
6
Any person entering any premises by virtue of a warrant under this section may take with him such equipment as appears to him to be necessary.
7
On leaving any premises which he has entered by virtue of the warrant the named officer must, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured as he found them.
8
A warrant under this section continues in force until the end of the period of one month beginning with the day on which it is issued.
9
In the application of this section to Scotland, references to the High Court are to be read as references to the Court of Session.