Part 2 Powers of seizure

Construction of Part 2

64 Meaning of “appropriate judicial authority”

(1)

Subject to F1subsections (2) and (4), in this Part “appropriate judicial authority” means—

(a)

in relation to England and Wales and Northern Ireland, a judge of the Crown Court;

(b)

in relation to Scotland, a sheriff.

(2)

In this Part “appropriate judicial authority”, in relation to the seizure of items under any power mentioned in subsection (3) and in relation to items seized under any such power, means—

(a)

in relation to England and Wales and Northern Ireland, the High Court;

(b)

in relation to Scotland, the Court of Session.

(3)

Those powers are—

(a)

the powers of seizure conferred by—

(i)

section 448(3) of the Companies Act 1985 (c. 6);

F2(ii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)

F3sections 28(2) and 28A(2) of the Competition Act 1998; F4. . .

F5(iv)

section 75(2) of the Digital Markets, Competition and Consumers Act 2024.

F6(aa)

the power of seizure conferred by section 352(4) of the Proceeds of Crime Act 2002, if the power is exercisable for the purposes of a civil recovery investigation F7... (within the meaning of Part 8 of that Act);

(b)

any power of seizure conferred by section 50, so far as that power is exercisable by reference to any power mentioned in paragraph (a).

F8(4)

In this Part “appropriate judicial authority”, in relation to the seizure of documents under paragraph 3(2) of Schedule 8 to the Football Governance Act 2025 and in relation to documents seized under that power, means the High Court.