Section 194 Inspection: warrantI1
United Kingdom
A justice of the peace may on the application of an inspector issue a warrant entitling an inspector or a constable to enter premises if—
there is conducted on the premises any part of the management or operation of—
a recognised payment system (whether by an operator of the system or by someone providing services used by an operator), F2...
a recognised DSA service provider, or
a service provider in relation to a recognised payment system F4or a recognised DSA service provider, and
any of the following conditions is satisfied.
Condition 2 is that there is reason to suspect that if a requirement under section 204 were imposed in connection with the payment system F7, the DSA service provider F8or the service provider in respect of information on the premises—
the requirement would not be complied with, and
the information would be destroyed or otherwise tampered with.
Condition 3 is that an inspector—
gave reasonable notice of a wish to enter the premises, and
was refused entry.
Condition 4 is that a person occupying or managing the premises has failed to co-operate with an inspector.
A warrant—
permits an inspector or a constable to enter the premises,
permits an inspector or a constable to search the premises and copy or take possession of information or documents, and
permits a constable to use reasonable force.
Sections 15(5) to (8) and 16 of the Police and Criminal Evidence Act 1984 (warrants: procedure) apply to warrants under this section.
In the application of this section to Scotland—
the reference to a justice of the peace includes a reference to a sheriff, and
ignore subsection (7).
In the application of this section to Northern Ireland—
the reference to a justice of the peace is a reference to a lay magistrate, and
the reference to sections 15(5) to (8) and 16 of the Police and Criminal Evidence Act 1984 is a reference to the equivalent provisions of the Police and Criminal Evidence (Northern Ireland) Order 1989.
Annotations
Textual amendments
- F1
S. 194(1)(a) substituted (30.11.2017) by The Banking Act 2009 (Service Providers to Payment Systems) Order 2017 (S.I. 2017/1167), arts. 1(2), 2(14)(a)
- F2
Word in s. 194(1)(a)(i) omitted (29.8.2023) by virtue of Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 22(2)(a)(i)
- F3
S. 194(1)(a)(ia) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 22(2)(a)(i)
- F4
Words in s. 194(1)(a)(ii) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 22(2)(b)
- F5
Words in s. 194(2)(a) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 22(3)
- F6
Words in s. 194(2)(a) inserted (30.11.2017) by The Banking Act 2009 (Service Providers to Payment Systems) Order 2017 (S.I. 2017/1167), arts. 1(2), 2(14)(b)
- F7
Words in s. 194(3) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 22(4)
- F8
Words in s. 194(3) inserted (30.11.2017) by The Banking Act 2009 (Service Providers to Payment Systems) Order 2017 (S.I. 2017/1167), arts. 1(2), 2(14)(b)
Commencement
- I1
S. 194 in force at 31.12.2009 by S.I. 2009/3000, art. 4, Sch. para. 2
Notes on Part 5
Textual amendments
- F1
Word in Pt. 5 heading omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 2
- F2
Words in Pt. 5 heading inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 2