Paragraph 9 F1F2
United Kingdom
If a justice of the peace is satisfied, on information on oath laid on the Secretary of State’s behalf, that there are any reasonable grounds for suspecting that there are on any premises any documents of which production has been required by virtue of paragraph 8 above and which have not been produced in compliance with that requirement, he may issue a warrant under this paragraph.
A warrant so issued may authorise any constable, together with any other persons named in the warrant and any other constables—
to enter the premises specified in the information (using such force as is reasonably necessary for the purpose); and
to search the premises and take possession of any documents appearing to be such documents as are mentioned above, or to take in relation to any documents so appearing any other steps which may appear necessary for preserving them and preventing interference with them.
Every warrant issued under this paragraph shall continue in force until the end of the period of one month after the date on which it is issued.
Any documents of which possession is taken under this paragraph may be retained for a period of three months or, if within that period there are commenced any proceedings for an offence under section 57 above and this Schedule to which they are relevant, until the conclusion of those proceedings.
Any person who obstructs the exercise of any right of entry or search conferred by virtue of a warrant under this paragraph, or who obstructs the exercise of any rights so conferred to take possession of any documents, is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding F3level 3 on the standard scale, or to both.
Annotations
Textual amendments
- F1
Act repealed (except ss. 57, Sch. 11 and ss. 126, 128 so far as they relate to those provisions, which are repealed only for E.W., see s. 7(3) of the repealing Act; and except s. 41B(2)(6)(b) as amended by S.I. 2006/1056, which is repealed immediately after that amendment comes into force, see s. 8(4)-(6); and except ss. 19, 28J, 38, 39, 41, 41B(2)(6)(b), 42(2B)(2C), 42A, 42B, 43(2), 49F, 49H, 98, 128, Sch. 8 para. 2(2B), Sch. 8A, Sch. 9A para. 6, Sch. 12 paras. 2A(1)(b)(ba), 2B, Sch. 12B as amended by Health Act 2006 (c. 28) which are repealed immediately after those amendments come into force on 1.8.2008 and 9.5.2013, see s. 8(4)-(6); and except ss. 3, 15, 16CD, 16CE, 18A, 26, 28WA-28WF, 28X, 28Y, 38, 39, 43D, 44, 45A, 45C, 72, 103 as amended by Health Act 2006 (c. 28) and to the extent that they relate to primary ophthalmic services, which are repealed immediately after those amendments come into force on 1.8.2008, see s. 8(4)-(6)) (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 6, 8(2), Sch. 4 (with saving for s. 126 in Sch. 2 para. 7 and general savings and transitional provisions in Sch. 2 Pt. 1 and transitory modifications relating to primary ophthalmic services in Sch. 3 para. 1); S.I. 2008/1972, art. 2; S.I. 2013/1112, art. 2
Act: specified provisions amended and repealed and specified amendments and repeals by specified legislation commenced (1.3.2007 immediately before the National Health Service Act 2006 (c. 41) comes into force) by virtue of The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), arts. 1-3, Schs. 1, 2 (with art. 4)
- F2
Sch. 11 ceases to have effect in relation to health service medicines (1.9.1999 for certain purposes and otherwise 1.11.1999) by 1999 c. 8, s. 38(5); S.I. 1999/2177, art. 2(3)(b)(4)(a)
- F3
Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (N.I.) S.I. 1984/703 (N.I. 3), arts. 5, 6
Notes on Schedule 11
Textual amendments
- F1
Sch. 11 ceases to have effect in relation to health service medicines (1.9.1999 for certain purposes otherwise 1.11.1999) by virtue of 1999 c. 8, s. 38(5); S.I. 1999/2177, arts. 2(3)(b)(4)(a)