Long Title

Part I PRELIMINARY

Part II ADMINISTRATION

Part III LICENSING OF ACTIVITIES RELATING TO GAS

Part IV MODIFICATION AND ENFORCEMENT OF GAS LICENCES

Part V GAS TRANSPORTERS

Part VI GAS RETAILERS AND GENERAL PROVISIONS

Part VII GAS NETWORK CODE

Part VIIA CODES OF PRACTICE

Part VIIB CONTROL OF GAS LICENSEES AND ENTITIES WITH INTEREST IN GAS PIPELINE NETWORK

Part VIII SAFETY

Part IX COMPETITION

Part X APPEAL PANEL

Part XI MISCELLANEOUS

Part XII TRANSITIONAL PROVISIONS

Legislative History

Power to enter premises under warrant
75.
—(1)  The Authority may apply to a District 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 which are required to be produced under section 74; or
(b)
there are reasonable grounds for suspecting that —
(i)
there are on any premises documents which the Authority has power under section 74 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.
(2)  A warrant under this section shall authorise a named officer of the Authority, and any other of its officers whom the Authority has authorised in writing to accompany the named officer —
(a)
to enter the premises specified in the warrant, using such force as is reasonably necessary for the purpose;
(b)
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 subsection (1) was granted (the relevant kind);
(c)
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;
(d)
to take any other steps which appear to be necessary for the purpose mentioned in paragraph (c)(i);
(e)
to require any person to provide an explanation of any document appearing to be of the relevant kind or to state, to the best of his knowledge and belief, where it may be found; and
(f)
to require any information which is held in a computer and is accessible from the premises and which the named officer considers relates to any matter relevant to the investigation, to be produced in a form —
(i)
in which it can be taken away; and
(ii)
in which it is visible and legible.
(3)  If, in the case of a warrant issued under subsection (1)(b), the District Court is satisfied that it is reasonable to suspect that there are also on the premises other documents relating to the investigation concerned, the warrant shall also authorise the action mentioned in subsection (2) to be taken in relation to any such document.
(4)  If there is no one at the premises when the named officer proposes to execute such a warrant, he must, before executing it —
(a)
take such steps as are reasonable in all the circumstances to inform the occupier of the intended entry; and
(b)
if the occupier is so informed, afford him or his legal or other representative a reasonable opportunity to be present when the warrant is executed.
(5)  If the named officer is unable to inform the occupier of the intended entry, he must, when executing the warrant, leave a copy of it in a prominent place on the premises.
(6)  On leaving any premises which he has entered by virtue of a warrant under this section, the named officer must, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured as he found them.
(7)  A warrant under this section continues in force until the end of the period of one month beginning from the day on which it is issued.
(8)  Any document of which possession is taken under subsection (2)(c) may be retained for a period of 3 months.
(9)  In this section —
“named officer” means the officer named in the warrant;
“occupier”, in relation to any premises, means a person whom the named officer reasonably believes is the occupier of those premises.