Paragraph 10
United Kingdom
For the purpose of exercising any powers under this Act an authorised person may at any reasonable time enter premises used in connection with the carrying on of a business.
Where an authorised person has reasonable cause to believe that any premises are used in connection with the supply of goods under taxable supplies F1or with the acquisition of goods under taxable acquisitions from other member States and that goods to be so supplied or acquired are on those premises, he may at any reasonable time enter and inspect those premises and inspect any goods found on them.
If a justice of the peace or in Scotland a justice (within the meaning of section 462 of the M1Criminal Procedure (Scotland) Act 1975) is satisfied on information on oath that there is reasonable ground for suspecting that F2a fraud offence which appears to be of a serious natureis being, has been or is about to be committed on any premises or that evidence of the commission of such an offence is to be found there, he may issue a warrant in writing authorising F3subject to sub-paragraphs (5) and (6) belowany authorised person to enter those premises, if necessary by force, at any time within F4one monthfrom the time of the issue of the warrant and search them; and any person who enters the premises under the authority of the warrant may—
take with him such other persons as appear to him to be necessary;
seize and remove any documents or other things whatsoever found on the premises which he has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of F5a fraud offence which appears to him to be of a serious nature; and
search or cause to be searched any person found on the premises whom he has reasonable cause to believe F6to be in possession of any such documents or other things;
but no woman or girl shall be searched except by a woman.
In sub-paragraph (3) above “a fraud offence” means an offence under any provision of subsections (1) to (3) of section 39 of this Act.
The powers conferred by a warrant under this paragraph shall not be exercisable-
by more than such number of authorised persons as may be specified in the warrant; nor
outside such times of day as may be so specified; nor
if the warrant so provides, otherwise than in the presence of a constable in uniform.
An authorised person seeking to exercise the powers conferred by a warrant under this paragraph or, if there is more than one such authorised person, that one of them who is in charge of the search shall provide a copy of the warrant endorsed with his name as follows:-
if the occupier of the premises concerned is present at the time the search is to begin, the copy shall be supplied to the occupier;
if at that time the occupier is not present but a person who appears to the authorised person to be in charge of the premises is present, the copy shall be supplied to that person; and
if neither paragraph (a) nor paragraph (b) above applies, the copy shall be left in a prominent place on the premises.
Annotations
Textual amendments
- F1
Words in Sch. 7 para. 10(2) inserted (1.1.1993) by Finance (No. 2) Act 1992 (c. 48), s. 14(2), Sch. 3 Pt. I para. 73(a)(b); S.I. 1992/3261, art. 3,Sch. (with art. 4)
- F2
Words substituted by Finance Act 1985 (c.54, SIF 40:2), s. 23, Sch. 7 para. 5(1)(a)
- F3
Words inserted by Finance Act 1985 (c. 54, SIF 40:2), s. 23, Sch. 7 para. 5(1)(b)
- F4
Words substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(1), Sch. 6 para. 41(c)
- F5
Words substituted by Finance Act 1985 (c. 54, SIF 40:2), s. 23, Sch. 7 para. 5(1)(c)
- F6
Words repealed by Finance Act 1985 (c. 54, SIF 40:2), ss. 23, 98, Sch. 7 para. 5(1)(d), Sch. 27 Pt. IV
- F7
Sch. 7 para. 10(4)-(6) added by Finance Act 1985 (c. 54, SIF 40:2), s. 23, Sch. 7 para. 5(2)
Marginal citations
- M1
Notes on the whole Act
Textual amendments
- F1
Act repealed (1.9.1994) by 1994 c. 23, ss. 100(2), 101(2), Sch. 15 (with Sch. 13 paras. 2, 6, 9)