Schedules
Schedule 8

Investigatory powers
Section 68

Application of this Schedule
1
This Schedule applies where the IFR decides to conduct an investigation under section 68 into whether a person has committed a relevant infringement.

Power to ask questions
2
1
The IFR may give any person (whether or not the person mentioned in paragraph 1) a notice (“an interview notice”) requiring the person to answer questions that relate to any matter relevant to the investigation.
2
An interview notice must—
a
include details of the investigation;
b
state the place at which, or the manner in which (which may be remote), the person is to answer the questions;
c
state the time at which the person is to answer the questions;
d
include information about the possible consequences under Part 8 of not complying with the notice.

Power to enter business premises under a warrant
3
1
On an application made to it by the IFR, the court or Tribunal may issue a warrant if it is satisfied that there are reasonable grounds for suspecting that there is on, or accessible from, any business premises information that relates to any matter relevant to the investigation (“relevant information”).
2
A warrant under this paragraph authorises an officer of the IFR named in the warrant (“the authorised officer”), and any other of the IFR’s officers whom the IFR’s Board has authorised in writing to accompany the authorised officer, to—
a
enter the premises specified in the warrant, using such force as is reasonably necessary;
b
take onto the premises such equipment as appears to the authorised officer to be necessary;
c
search the premises for information appearing to be relevant information;
d
operate any equipment found on the premises for the purpose of producing information;
e
require any person on the premises to provide such assistance as the authorised officer may reasonably require (including providing passwords or encryption keys and operating equipment on the premises);
f
require any person on the premises to give information to the authorised officer;
g
require any person on the premises to state, to the best of their knowledge and belief, where relevant information may be found;
h
take copies of, or extracts from, any information appearing to be relevant information;
i
take possession of any information appearing to be relevant information that is produced under paragraph (d) or given to the authorised officer under paragraph (f);
j
take possession of any other information appearing to be relevant information if—
i
such action appears to be necessary for preserving the information or preventing interference with it, or
ii
it is not reasonably practicable to take copies of the information on the premises;
k
take any other steps which appear to be necessary for the purpose of preserving any information appearing to be relevant information or preventing interference with it.
3
Any information which is given to an officer under sub-paragraph (2) must be in a form—
a
in which it can be taken away, and
b
which is visible and legible or from which it can be readily be generated in a visible and legible form.
4
A warrant under this paragraph may authorise persons specified in the warrant to accompany the authorised officer who is executing it.
5
A warrant under this paragraph continues in force until the end of the period of one month beginning with the day on which it is issued.
6
Any information which the IFR obtains under sub-paragraph (2) may be retained by the IFR for so long as is necessary in all the circumstances.
7
An application for a warrant under this paragraph must—
a
in the case of an application to the court, be made in accordance with rules of court;
b
in the case of an application to the Tribunal, be made in accordance with Tribunal Procedure Rules.
8
The IFR may not make an application under this paragraph to the court or the Tribunal unless the IFR’s Board has approved the making of the application.
9
In this paragraph, “court” means the High Court.
4
1
A warrant under paragraph 3 must describe—
a
the subject-matter and purpose of the investigation;
b
the offence created by section 78(5).
2
The powers conferred by paragraph 3 are exercisable only on production of the warrant issued under that paragraph.
3
Before executing a warrant under paragraph 3, the authorised officer must—
a
take reasonable steps to inform the occupier of the premises of the intended entry, and
b
afford the occupier or their legal or other representative a reasonable opportunity to be present when the warrant is executed.
4
But sub-paragraph (3) does not apply if the authorised officer considers that so informing the occupier would prejudice the execution of the warrant.
5
If the authorised officer is unable to, or under sub-paragraph (4) does not, 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.
6
On leaving any premises which they have entered by virtue of a warrant under paragraph 3, the authorised officer must, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured as they found them.
Sch. 8 para. 1 in force at Royal Assent for specified purposes, see s. 100(2)(g)
Sch. 8 para. 2 in force at Royal Assent for specified purposes, see s. 100(2)(g)
Sch. 8 para. 3 in force at Royal Assent for specified purposes, see s. 100(2)(g)
Sch. 8 para. 4 in force at Royal Assent for specified purposes, see s. 100(2)(g)
Sch. 8 para. 1 in force at 12.12.2025 in so far as not already in force by S.I. 2025/1286, reg. 2(1)(b)(iv)
Sch. 8 para. 2 in force at 12.12.2025 in so far as not already in force by S.I. 2025/1286, reg. 2(1)(b)(iv)
Sch. 8 para. 3 in force at 12.12.2025 in so far as not already in force by S.I. 2025/1286, reg. 2(1)(b)(iv)
Sch. 8 para. 4 in force at 12.12.2025 in so far as not already in force by S.I. 2025/1286, reg. 2(1)(b)(iv)