OpenLegislation

Section 29 Entry of premises under warrant: supplementary.C1C2C3

United Kingdom

(1)

A warrant issued under section 28 F1or 28A must F2...—

(a)

F3indicate the subject matter and purpose of the investigation;

(b)

F4include information about the possible consequences of failing to comply with the notice.

(2)

The powers conferred by section 28 F5or 28A are to be exercised on production of a warrant issued under that section.

(3)

If there is no one at the premises when the named officer proposes to execute such a warrant he must, before executing it—

(a)

take such steps as are reasonable in all the circumstances to inform the occupier of the intended entry; and

(b)

if the occupier is informed, afford him or his legal or other representative a reasonable opportunity to be present when the warrant is executed.

(4)

If the named officer is unable to inform the occupier of the intended entry he must, when executing the warrant, leave a copy of it in a prominent place on the premises.

(5)

In this section—

  • “named officer” means the officer named in the warrant; and

  • “occupier”, in relation to any premises, means a person whom the named officer reasonably believes is the occupier of those premises.

Annotations

Textual amendments

F1

Words in s. 29(1) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 15(2)

F2

Word in s. 29(1) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 5(2); S.I. 2024/1226, regs. 1(2), 2(1)(14)

F3

Word in s. 29(1)(a) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 5(3); S.I. 2024/1226, regs. 1(2), 2(1)(14)

F4

S. 29(1)(b) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 5(4); S.I. 2024/1226, regs. 1(2), 2(1)(14)

F5

Words in s. 29(2) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 15(3)

Modifications

C1

Ss. 26-30 applied by 1986 c. 46, s. 9C(2) (as inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 204(2), 279; S.I. 2003/1397, art. 2(1), Sch.)

C2

Ss. 26-30 applied by S.I. 2002/3150 (N.I. 4), art. 13C(2) (as inserted (19.12.2005) by The Company Directors Disqualification (Amendment) (Northern Ireland) Order 2005 (S.I. 2005/1454), arts. 1(3), 3; S.R. 2005/514, art. 2)

C3

Ss. 26-29 powers extended (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 319, 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(4)

Notes on the whole Act

Textual amendments

F1

Words in long title substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), Sch. 1 para. 1