Section 64 — Powers in respect of premises

(1) If an inspector considers it necessary for the purposes of an investigation, the inspector may exercise the powers in subsection (2) in respect of any premises.

(2) The powers in this subsection are powers to—

(a) enter the premises;

(b) search the premises;

(c) examine any document, equipment or other item or material on the premises (including by operating a computer or other device in order to gain access to information);

(d) seize any document, equipment or other item or material on the premises and remove it;

(e) record (in whatever form) any document, equipment or other item or material on the premises, or any information contained in or accessible by means of any such document, equipment, item or material;

(f) require any person on the premises to provide information or assistance for the purpose of—

(i) enabling or facilitating the exercise of the preceding powers, or

(ii) allowing anything inspected, seized or recorded in the exercise of those powers to be better understood.

(3) An inspector may not exercise the power to seize and remove something unless the inspector considers that exercising the power to record it would be insufficient.

(4) An inspector may take other persons, equipment and materials onto premises for the purposes of assisting in the exercise of the powers in subsection (2).

(5) A person so taken onto the premises may also exercise those powers on behalf of the inspector if the person is in the company, and under the supervision, of the inspector.

(6) An inspector or other person exercising the powers in subsection (2) may use reasonable force if necessary (except to enforce a requirement under subsection (2)(f)), but only if accompanied by a constable.

(7) The powers in subsection (2) may only be exercised in accordance with a warrant issued by a justice of the peace, unless the inspector considers that the exercise of the powers is urgent and that waiting to seek consent or a warrant would undermine the investigation.

(8) A warrant under subsection (7)—

(a) may be granted only if the justice of the peace is satisfied, on the basis of information or evidence given on oath by an inspector, that it is necessary for the purposes of the investigation to exercise the powers in subsection (2) in respect of the premises,

(b) authorises the exercise of those powers—

(i) only at a reasonable hour,

(ii) only within a period of one month beginning with the day on which it is issued, and

(iii) only on one occasion, unless the warrant specifies a greater number of occasions, and

(c) may be granted subject to further conditions or limitations

(9) An inspector who enters premises under this section—

(a) must produce, on request by any person appearing to be in charge of the premises, proof of identity and of authority;

(b) if the entry is made under warrant—

(i) must give a copy of the warrant to any person appearing to be in charge of the premises at the earliest opportunity (if possible before entering the premises),

(ii) if no such copy is given during the period of entry on the premises, must leave a copy of the warrant in a prominent place on the premises, and

(iii) must return the warrant to the court from which it was issued as soon as reasonably practicable with an endorsement summarising the exercise of the powers in subsection (2);

(c) if no person appearing to be in charge of the premises is present, must leave the premises as effectively secured against trespassers as the inspector found them;

(d) must make and retain a written record of the powers exercised in respect of the premises.

(10) The Secretary of State must arrange for the publication of information on the exercise of the powers in subsection (2) at such intervals as seem appropriate.

(11) If a warrant under subsection (7) is not executed, an inspector must return it to the court from which it was issued as soon as reasonably practicable with an endorsement stating that it was not executed.

(12) References in this section to a justice of the peace include a sheriff in Scotland.