Paragraph 4 I1C1
A judge must not issue a warrant under this Schedule unless satisfied that—
the conditions in sub-paragraphs (2) to (4) are met,
compliance with those conditions would defeat the object of entry to the premises in question, or
the F1Commission requires access to the premises in question urgently.
The first condition is that the F2Commission has given 7 days' notice in writing to the occupier of the premises in question demanding access to the premises.
The second condition is that—
access to the premises was demanded at a reasonable hour and was unreasonably refused, or
entry to the premises was granted but the occupier unreasonably refused to comply with a request by the F3Commission or the Commission’s officers or staff that the Commission’s officers or staff be allowed to do any of the things referred to in paragraph 5.
The third condition is that, since the refusal, the occupier of the premises—
has been notified by the F4Commission of the application for the warrant, and
has had an opportunity to be heard by the judge on the question of whether or not the warrant should be issued.
In determining whether the first condition is met, an assessment notice given to the occupier is to be disregarded.
Annotations
Textual amendments
- F1
Word in Sch. 15 para. 4(1)(c) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)
- F2
Word in Sch. 15 para. 4(2) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)
- F3
Words in Sch. 15 para. 4(3)(b) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(13)(c); S.I. 2026/1015, reg. 2(c)
- F4
Word in Sch. 15 para. 4(4)(a) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)
Modifications
- C1
Sch. 15 applied (with modifications) by S.I. 2016/696, Sch. 2 (as substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 406 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g) (with reg. 4))
Commencement
- I1
Sch. 15 para. 4 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(f)