Part 4

Regulation of approved regulators

Intervention

Intervention directions: further provision
42
1
This section applies where an intervention direction has effect in respect of a function of an approved regulator (“the relevant function”).
2
The approved regulator must give the specified person all such assistance, in connection with the proposed exercise of the relevant function by the specified person in pursuance of the direction, as the approved regulator is reasonably able to give.
3
On an application by the specified person (or a person appointed by the specified person to act on its behalf) a judge of the High Court, Circuit judge or justice of the peace may issue a warrant authorising that person to—
a
enter and search the premises of the approved regulator, and
b
take possession of any written or electronic records found on the premises.
4
The person so authorised may, for the purpose of the exercise by the specified person of the relevant function, take copies of written or electronic records found on a search carried out by virtue of the warrant.
5
The judge or justice of the peace may not issue the warrant unless satisfied that its issue is necessary or desirable for the exercise by the specified person of the relevant function.
6
The Lord Chancellor must make regulations—
a
specifying further matters which a judge or justice of the peace must be satisfied of, or matters which a judge or justice of the peace must have regard to, before issuing a warrant, and
b
regulating the exercise of a power conferred by a warrant issued under subsection (3) or by subsection (4) (whether by restricting the circumstances in which a power may be exercised, by specifying conditions to be complied with in the exercise of a power, or otherwise).
7
Regulations under subsection (6)(b) must in particular make provision as to the circumstances in which written or electronic records of which a person has taken possession by virtue of a warrant issued under subsection (3) may be copied or must be returned.
8
But the Lord Chancellor may not make regulations under subsection (6) unless—
a
they are made in accordance with a recommendation made by the Board, or
b
the Lord Chancellor has consulted the Board about the making of the regulations.
9
In this section “the specified person” means the Board or, where a person is nominated by it as mentioned in section 41(2), that person.
10
The Board must make rules as to the persons a specified person may appoint for the purposes of subsection (3).
S. 42 wholly in force at 1.1.2010; s. 42 not in force at Royal Assent see s. 211; s. 42(6)-(10) in force at 1.1.2009 by S.I. 2008/3149, art. 2(c)(i); s. 42 in force otherwise at 1.1.2010 by S.I. 2009/3250, art. 2(c)(i) (with art. 9)