Schedule 8Investigatory powers
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.