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Paragraph 1 I1C1

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

(1)

If a circuit judge is satisfied by information on oath supplied by the F1chair of the Commission or another person authorised for the purpose by the Commission that there are reasonable grounds for suspecting—

(a)

that a public authority has failed or is failing to comply with—

(i)

any of the requirements of Part I of this Act,

(ii)

so much of a decision notice as requires steps to be taken, or

(iii)

an information notice or an enforcement notice, or

(b)

that an offence under section 77 has been or is being committed,

and that evidence of such a failure to comply or of the commission of the offence is to be found on any premises specified in the information, he may, subject to paragraph 2, grant a warrant to the F2Commission .

(2)

A warrant issued under sub-paragraph (1) shall authorise F3any of the Commission’s officers or staff at any time within seven days of the date of the warrant—

(a)

to enter and search the premises,

(b)

to inspect and seize any documents or other material found there which may be such evidence as is mentioned in that sub-paragraph, and

(c)

to inspect, examine, operate and test any equipment found there in which information held by the public authority may be recorded.

Annotations

Textual amendments

F1

Words in Sch. 3 para. 1(1) 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. 12(28)(a)(i)(aa); S.I. 2026/1015, reg. 2(c)

F2

Word in Sch. 3 para. 1(1) 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. 12(28)(a)(i)(bb); S.I. 2026/1015, reg. 2(c)

F3

Words in Sch. 3 para. 1(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. 12(28)(a)(ii); S.I. 2026/1015, reg. 2(c)

Modifications

C1

Sch. 3 para. 1: powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, 138(2), Sch. 1 Pt. 1 para. 73; S.I. 2003/708, art. 2

Commencement

I1

Sch. 3 para. 1 wholly in force at 1.1.2005; Sch. 3 para. 1 not in force at Royal Assent, see s. 87(3); Sch. 3 para. 1 in force for certain purposes at 30.11.2002 by S.I. 2002/2812, art. 2(d)(e); Sch. 3 para. 1 in force for certain further purposes at 1.1.2005 by S.I. 2004/1909, art. 2 and otherwise in force at 1.1.2005 by S.I. 2004/3122, art. 2

Notes on Schedule 3

Modifications

C1

Sch. 3 applied (with modifications) (31.12.2009) by The INSPIRE Regulations 2009 (S.I. 2009/3157), regs. 1, 11(9) (as amended (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. 12(2), Sch. 3 para. 12(2); S.I. 2026/1015, reg. 2(c))