Regulation 34 Search warrants under section8 of the Act

(1)

For the purposes of section 8(8) of the Act, the matters of which a judicial officer must be satisfied when considering an application under section 8(5) are that—

(a)

there is reason to believe that information or documents relevant, and of substantial value, to the investigation of an alleged or suspected contravention of subsection 4(1) of the Act are likely to be found at the premises concerned; and

(b)

paragraph (2), (3) or (5) applies in the particular case.

(2)

This paragraph applies if there is reason to believe that if the Regulator were to require, under regulation 33, to be given the information or documents, the information or documents would be removed, tampered with or destroyed.

(3)

This paragraph applies if the person has been required to give information or documents to the Regulator under regulation 33, and has not done so within the period permitted by the requirement.

(4)

An application for a search warrant in relation to which paragraph (3) applies must set out the steps taken to require the person to provide information or documents under regulation 33, and the person’s response, if any.

(5)

This paragraph applies if there is reason to believe, on the basis of information or documents provided to the Regulator in answer to a requirement under regulation 33, that—

(a)

further investigation is justified of the alleged or suspected contravention in relation to which the requirement was made;

(b)

there are further documents relevant to the investigation; and

(c)

if the Regulator were to require, under regulation 33, to be given the further documents, they would be removed, tampered with or destroyed.