OpenLegislation

Paragraph 32 I1I2I3

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A justice of the peace may issue a warrant authorising an officer of an enforcer to enter premises if satisfied, on written information on oath given by such an officer, that there are reasonable grounds for believing that—

(a)

condition A or B is met, and

(b)

condition C, D or E is met.

(2)

Condition A is that on F1, or accessible from, the premises there are—

(a)

products which an officer of the enforcer has power to inspect under paragraph 25, or

(b)

documents which an officer of the enforcer could require a person to produce under paragraph 27.

(3)

Condition B is that, on the premises—

(a)

in the case of a domestic enforcer, there has been or is about to be a breach of the enforcer's legislation,

(b)

in the case of F2an authorised enforcer, there has been or is about to be a F3relevant infringement (as defined by paragraph 20(8)), or

(c)

in the case of F4an authorised enforcer, there has been a failure to comply with a measure specified in paragraph 20(3)(b), (c) or (d).

(4)

Condition C is that—

(a)

access to the premises has been or is likely to be refused, and

(b)

notice of the enforcer's intention to apply for a warrant under this paragraph has been given to the occupier of the premises.

(5)

Condition D is that it is likely that products or documents on F5, or accessible from, the premises would be concealed or interfered with F6, or access to them would otherwise be restricted, if notice of entry on the premises were given to the occupier of the premises.

(6)

Condition E is that—

(a)

the premises are unoccupied, or

(b)

the occupier of the premises is absent, and it might defeat the purpose of the entry to wait for the occupier's return.

(7)

In the application of this paragraph to Scotland—

(a)

the reference in sub-paragraph (1) to a justice of the peace is to be read as a reference to a sheriff, and

(b)

the reference in that sub-paragraph to information on oath is to be read as a reference to evidence on oath.

(8)

In the application of this paragraph to Northern Ireland—

(a)

the reference in sub-paragraph (1) to a justice of the peace is to be read as a reference to a lay magistrate, and

(b)

the reference in that sub-paragraph to written information is to be read as a reference to a written complaint.

Annotations

Textual amendments

F1

Words in Sch. 5 para. 32(2) inserted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 17 para. 5(a) (with Sch. 19); S.I. 2025/272, reg. 2(1)(8)

F2

Words in Sch. 5 para. 32(3)(b) substituted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 18 para. 11(11)(a)(i) (with Sch. 19); S.I. 2025/272, reg. 2(1)(9)

F3

Words in Sch. 5 para. 32(3)(b) substituted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 18 para. 11(11)(a)(ii) (with Sch. 19); S.I. 2025/272, reg. 2(1)(9)

F4

Words in Sch. 5 para. 32(3)(c) substituted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 18 para. 11(11)(b) (with Sch. 19); S.I. 2025/272, reg. 2(1)(9)

F5

Words in Sch. 5 para. 32(5) inserted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 17 para. 5(b)(i) (with Sch. 19); S.I. 2025/272, reg. 2(1)(8)

F6

Words in Sch. 5 para. 32(5) inserted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 17 para. 5(b)(ii) (with Sch. 19); S.I. 2025/272, reg. 2(1)(8)

Commencement

I1

Sch. 5 para. 32 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I2

Sch. 5 para. 32 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I3

Sch. 5 para. 32 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Notes on Schedule 5

Modifications

C1

Sch. 5 applied (with modifications) (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091), reg. 1, Sch. 7 para. 3 (with regs. 74, 75(5))

C2

Sch. 5 applied (with modifications) (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), reg. 1, Sch. 10 para. 3 (with regs. 3-5, 77)

C3

Sch. 5: power to amend conferred (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 180(3)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Notes on Part 4

Textual amendments

F1

Words in Sch. 5 Pt. 4 heading substituted (31.12.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 4(7) (with reg. 9) (as amended by S.I. 2020/1347, regs. 1(3), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)

F2

Word in Sch. 5 Pt. 4 heading substituted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 18 para. 11(7) (with Sch. 19); S.I. 2025/272, reg. 2(1)(9)

Modifications

C1

Sch. 5 Pt. 4: powers extended in part (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)