Part 1

Digital Markets
Chapter 6

Investigatory powers etc and compliance reports

Investigatory powers etc

Power to enter premises under a warrant: supplementary
76
1
A warrant under section 75 must describe—
a
the subject matter and purpose of the breach investigation, and
b
the offence created by section 95.
2
The powers conferred by section 75 are to be exercised on production of the warrant issued under that section.
3
If there is no one at the premises when the authorised officer proposes to execute the warrant they must, before executing it—
a
take reasonable steps to inform the occupier of the intended entry, and
b
if the occupier is informed, afford them or their legal or other representative a reasonable opportunity to be present when the warrant is executed.
4
If the authorised officer is unable to inform the occupier of the intended entry they must, when executing the warrant, leave a copy of it in a prominent place on the premises.
5
On leaving any premises which they have entered by virtue of a warrant under section 75, the authorised officer must, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured as they found them.
6
The powers conferred by section 75 are not exercisable in relation to premises outside the United Kingdom.
7
But the powers conferred by section 75 are exercisable in relation to information whether it is stored within or outside the United Kingdom.
S. 76 not in force at Royal Assent, see s. 339(1)
S. 76 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2)