SCHEDULES
SCHEDULE 15

Powers of entry and inspection

Restrictions on issuing warrants: procedural requirements
4
1
A judge must not issue a warrant under this Schedule unless satisfied that—
a
the conditions in sub-paragraphs (2) to (4) are met,
b
compliance with those conditions would defeat the object of entry to the premises in question, or
c
the Commissioner requires access to the premises in question urgently.
2
The first condition is that the Commissioner has given 7 days' notice in writing to the occupier of the premises in question demanding access to the premises.
3
The second condition is that—
a
access to the premises was demanded at a reasonable hour and was unreasonably refused, or
b
entry to the premises was granted but the occupier unreasonably refused to comply with a request by the Commissioner or the Commissioner's officers or staff to be allowed to do any of the things referred to in paragraph 5.
4
The third condition is that, since the refusal, the occupier of the premises—
a
has been notified by the Commissioner of the application for the warrant, and
b
has had an opportunity to be heard by the judge on the question of whether or not the warrant should be issued.
5
In determining whether the first condition is met, an assessment notice given to the occupier is to be disregarded.
Sch. 15 para. 4 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(f)
Sch. 15 applied (with modifications) by S.I. 2016/696, Sch. 2 (as substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 406 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g) (with reg. 4))