Regulation 39 Application generally

(1)

An application for a warrant must state that no judicial officer has refused to issue a warrant based on another application that is in substance the same.

(2)

If the Regulator applies for a warrant (whether the application is made under this Part or under section 8(5) of the Act), he must—

(a)

state in the application—

(i)

the ground on which he makes the application;

(ii)

whether the application is made under this Part or under section 8(5) of the Act; and

(b)

specify in the application—

(i)

each set of premises which it is desired to enter and search; and

(ii)

so far as is practicable, the material to be sought.

(3)

An application is to be made ex parte and supported by an information in writing.

(4)

When applying for a warrant, the Regulator must have regard as far as possible to the relevant provisions of any code issued under section 66 of the Police and Criminal Evidence Act 1984^f1 in relation to searches of premises.

Annotations

Footnotes

f1: 1984 c. 60 . Section 66 amended by the Criminal Justice and Court Services Act 2000 (c. 43), ss 57(1), (4); and the Serious Organised Crime and Police Act 2005 (c. 15), ss 110(3)(a), 110(3)(b), 174(2) and Sch 17, Pt 2