Explanatory Notes

Postal Services Act 2000

2000 CHAPTER 26

28 July 2000

Commentary on Sections

Part III Other Functions of the Commission and the Council

Section 49: Powers of entry and seizure

68.Section 49 provides a power of entry and seizure where, on an application by a constable or the Commission, a justice of the peace or sheriff is satisfied that there are reasonable grounds for suspecting that a person has committed an offence under section 6. A warrant may be issued for an appointed person to enter premises, search for articles or documents, and seize and remove items. In order to respect the principle of the inviolability of the mail, the power to seize documents does not extend to items of mail. The section also sets out procedures and powers in relation to the use of a warrant.