Page:Personal Data Protection Act 2012.pdf/73

74

NINTH SCHEDULE—continued Power to enter premises under warrant

3.—(1) The Commission or any inspector may apply to a court for a warrant and the court may issue such a warrant if it is satisfied that—
 * (a) there are reasonable grounds for suspecting that there are, on any premises, documents—
 * (i) the production of which has been required under paragraph 1 or 2; and
 * (ii) which have not been produced as required;
 * (b) there are reasonable grounds for suspecting that—
 * (i) there are, on any premises, documents which the Commission or the inspector has power under paragraph 1 to require to be produced; and
 * (ii) if the documents were required to be produced, they would not be produced but would be concealed, removed, tampered with or destroyed; or
 * (c) an inspector or a person assisting the inspector has attempted to enter the premises in the exercise of his powers under paragraph 2 but has been unable to do so and that there are reasonable grounds for suspecting that there are, on the premises, documents the production of which could have been required under that paragraph.

(2) A warrant under this paragraph shall authorise a named officer, and such other persons as the inspector may require to assist him, to do all or any of the following:
 * (a) to enter the premises specified in the warrant, using such force as is reasonably necessary for the purpose;
 * (b) to search any person on those premises if there are reasonable grounds for believing that that person has in his possession any document, equipment or article which has a bearing on the investigation;
 * (c) to search the premises and take copies of, or extracts from, any document appearing to be of a kind in respect of which the application under sub‑paragraph (1) was granted (the relevant kind);
 * (d) to take possession of any document appearing to be of the relevant kind if—
 * (i) such action appears to be necessary for preserving the document or preventing interference with it; or
 * (ii) it is not reasonably practicable to take copies of the document on the premises;