Regulation 5 Execution of the warrant

(1)

An officer or agent of a specified person may execute a warrant to enter and search premises only if the specified person—

(a)

has considered the officer or agent’s training and experience;

(b)

is satisfied that the officer or agent is a fit and proper person to exercise such a power; and

(c)

has authorised the officer or agent in writing to execute search warrants.

(2)

Entry and search under a warrant must be within one month from the date of its issue.

(3)

Entry and search under a warrant must be at a reasonable hour unless it appears to the person executing it that the purpose of entry may be frustrated by entry at a reasonable hour.

(4)

A warrant authorises a search of premises only to the extent required for the purpose for which the warrant was issued.

(5)

If the occupier of the premises is present when the officer or agent of the specified person seeks to execute a warrant to enter and search them, the officer or agent must—

(a)

identify himself to the occupier and show the occupier documentary evidence of identity;

(b)

show the warrant to the occupier; and

(c)

give the occupier a certified copy of the warrant.

(6)

If the occupier of the premises to be entered and searched is not present when an officer or agent seeks to execute a warrant, but a person who appears to be in charge of the premises is present, paragraph (5) has effect as if each reference to the occupier were a reference to that other person.

(7)

If there is no person present at the premises who appears to be in charge of them, the officer or agent must, before departure, leave a certified copy of the warrant in a prominent place on the premises.

(8)

The officer or agent who executes a warrant must make an endorsement on it stating—

(a)

whether any of the records sought were found;

(b)

whether any written or electronic records have been copied; and

(c)

whether possession has been taken of—

(i)

any written or electronic records; and

(ii)

any items subject to legal privilege (without prejudice to the prohibition in regulation 3(2)).

(9)

In the case of a warrant that authorises entry to and search of two or more sets of premises, the officer or agent executing the warrant—

(a)

must make a separate endorsement in accordance with paragraph (8) for each set of premises entered and searched; and

(b)

must specify in each endorsement the premises to which it relates.