Page:Ukpga 20000036 en.pdf/70

66c. 36

Exercise of Commissioner’s functions by others 21.—(1) Paragraph 5 of Schedule 5 to that Act (exercise of functions of Commissioner during vacancy etc.) is amended as follows.

(2) In sub-paragraph (1)—
 * (a) after “deputy commissioner” there is inserted “or deputy commissioners”, and
 * (b) after “this Act” there is inserted “or the Freedom of Information Act 2000”.

(3) In sub-paragraph (2) after “this Act” there is inserted “or the Freedom of Information Act 2000”. Money 22. In paragraph 9(1) of Schedule 5 to that Act (money) for “or section 159 of the Consumer Credit Act 1974” there is substituted “, under section 159 of the Consumer Credit Act 1974 or under the Freedom of Information Act 2000”.

SCHEDULE 3 Issue of warrants 1.—(1) If a circuit judge is satisfied by information on oath supplied by the Commissioner 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 Commissioner.

(2) A warrant issued under sub-paragraph (1) shall authorise the Commissioner or any of his 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.

2.—(1) A judge shall not issue a warrant under this Schedule unless he is satisfied—
 * (a) that the Commissioner has given seven days’ notice in writing to the occupier of the premises in question demanding access to the premises, and
 * (b) that either—
 * (i) access was demanded at a reasonable hour and was unreasonably refused, or