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Enforcement undertakings

17 Supplementary regulations may make any of the following provision in
relation to an enforcement undertaking—

(a) provision as to the procedure for entering into an undertaking;

(b) 5provision as to the terms of an undertaking;

(c) provision as to publication of an undertaking by the Secretary of
State;

(d) provision as to variation of an undertaking;

(e) provision as to circumstances in which a person may be regarded as
10having complied with an undertaking;

(f) provision as to monitoring by the Secretary of State of compliance
with an undertaking;

(g) provision as to certification by the Secretary of State that an
undertaking has been complied with;

(h) 15provision for appeals against refusal to give such certification;

(i) in a case where a person has given inaccurate, misleading or
incomplete information in relation to an undertaking, provision for
the person to be regarded as not having complied with it;

(j) in a case where a person has complied partly but not fully with an
20undertaking, provision for that part-compliance to be taken into
account in the imposition of any criminal or other sanction on the
person.

Appeals

18 (1) Supplementary regulations may make any of the following provision in
25relation to an appeal in respect of the imposition of a requirement, or the
service of a notice, under this Schedule—

(a) provision suspending the requirement or notice pending
determination of the appeal;

(b) provision as to the powers of the tribunal to which the appeal is
30made.

(2) Provision made by virtue of sub-paragraph (1)(b) may in particular include
provision conferring on the tribunal to which the appeal is made—

(a) power to withdraw the requirement or notice;

(b) power to confirm the requirement or notice;

(c) 35power to take any steps that the Secretary of State could take in
relation to the act or omission giving rise to the requirement or
notice;

(d) power to remit the decision whether to confirm the requirement or
notice, or any matter relating to that decision, to the Secretary of
40State.

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Part 6 General and supplemental

Combination of sanctions

19 (1) The Secretary of State may not serve on a person a notice under paragraph
52(1) (notice of proposed monetary penalty) in relation to any act or omission
in relation to which a stop notice has been served on that person.

(2) The Secretary of State may not serve a stop notice on a person in relation to
any act or omission in relation to which—

(a) a monetary penalty has been imposed on that person, or

(b) 10the person’s liability for a monetary penalty has been discharged as
mentioned in paragraph 2(2).

Unincorporated associations

20 Any amount that is payable under this Schedule by an unincorporated
association is to be paid out of the funds of the association.

15Guidance as to enforcement

21 (1) The Secretary of State must prepare and publish guidance as to—

(a) the sanctions that may be imposed on a person who commits an
offence under section 12;

(b) the action that the Secretary of State may take in relation to such a
20person;

(c) the circumstances in which the Secretary of State is likely to take any
such action.

(2) The guidance must include guidance about the Secretary of State’s use of the
power to impose a monetary penalty, with information as to—

(a) 25the circumstances in which such a penalty may not be imposed;

(b) the amount of such a penalty;

(c) the matters likely to be taken into account by the Secretary of State in
determining that amount (including, where relevant, any discounts
for voluntary reporting of non-compliance);

(d) 30how liability for such a penalty may be discharged and the effect of
discharge;

(e) rights to make representations and objections and rights of appeal in
relation to such a penalty.

(3) The guidance must include guidance about the Secretary of State’s use of the
35power to serve a stop notice, with information as to—

(a) the circumstances in which such a notice may not be served;

(b) rights of appeal in relation to such a notice.

(4) The guidance must include guidance about the Secretary of State’s use of the
power to serve an enforcement cost recovery notice, with information as
40to—

(a) the circumstances in which such a notice may not be served;

(b) the amount that a person may be required to pay;

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(c) the matters likely to be taken into account by the Secretary of State in
determining that amount;

(d) how liability for the costs to which the notice relates may be
discharged and the effect of discharge;

(e) 5rights to make representations and objections and rights of appeal in
relation to those costs.

(5) The guidance must include guidance about the Secretary of State’s use of the
power to accept an enforcement undertaking.

(6) Where appropriate, the Secretary of State must revise guidance published
10under this paragraph and publish the revised guidance.

(7) The Secretary of State must consult any persons the Secretary of State
considers appropriate before publishing guidance or revised guidance
under this paragraph.

(8) The Secretary of State must have regard to the guidance or revised guidance
15published under this paragraph in exercising his or her functions under this
Schedule.

Pre-commencement consultation

22 If, before the day on which this Schedule comes into effect, any consultation
was undertaken which, had it been undertaken after that day, would to any
20extent have satisfied the requirements of paragraph 15 or 21, those
requirements may to that extent be taken to have been satisfied.

Reports on use of civil sanctions

23 (1) The Secretary of State must from time to time publish reports about the use
made by the Secretary of State of his or her powers under this Schedule.

(2) 25Each report must, in particular, specify—

(a) the cases in which a monetary penalty was imposed, or a stop notice
or enforcement costs recovery notice was served, during the period
to which the report relates (other than cases in which the penalty or
notice was overturned on appeal);

(b) 30the cases in which liability for a monetary penalty was discharged as
mentioned in paragraph 2(2);

(c) the cases in which an enforcement undertaking was accepted.

(3) This paragraph does not require the Secretary of State to include in a report
any information that, in his or her opinion, it would be inappropriate to
35include on the ground that to do so—

(a) would or might be unlawful, or

(b) might adversely affect any current investigation or proceedings.

Disclosure of information

24 (1) Information held by or on behalf of—

(a) 40a police or customs officer,

(b) the Crown Prosecution Service,

(c) a Procurator Fiscal, or

(d) the Public Prosecution Service for Northern Ireland,

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may be disclosed to the Secretary of State for the purpose of the exercise by
the Secretary of State of any powers conferred on him or her under or by
virtue of this Schedule.

(2) It does not matter for the purposes of sub-paragraph (1) whether the
5information was obtained before or after this Schedule comes into force.

(3) A disclosure under this paragraph is not to be taken to breach any restriction
on the disclosure of information (however imposed).

(4) Nothing in this paragraph authorises the making of a disclosure in
contravention of—

(a) 10the data protection legislation, or

(b) Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act
2016.

(5) This paragraph does not affect a power to disclose that exists apart from this
paragraph.

(6) 15In this paragraph “the data protection legislation” has the same meaning as
in the Data Protection Act 2018 (see section 3 of that Act).

Part 7 Interpretation

Interpretation of Schedule

25 20In this Schedule—

  • “completion certificate” has the meaning given by paragraph 7(2);

  • “enforcement cost recovery notice” has the meaning given by
    paragraph 11(2);

  • “enforcement undertaking” has the meaning given by paragraph
    2510(1)(b);

  • “monetary penalty” has the meaning given by paragraph 1(2);

  • “prescribed” means prescribed in supplementary regulations;

  • “stop notice” has the meaning given by paragraph 5(1);

  • “supplementary regulations” has the meaning given by paragraph
    3014(1).

Section 19

SCHEDULE 2 Search warrants: England and Wales and Northern Ireland

Part 1 Preliminary

35Application of this Schedule

1 This Schedule applies to—

(a) applications for search warrants made in England and Wales or
Northern Ireland;

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(b) search warrants issued in England and Wales or Northern Ireland.

Interpretation

2 In this Schedule—

  • “senior officer” means—

    (a)

    5a constable of at least the rank of inspector;

    (b)

    a designated customs official of at least the grade of senior
    officer;

    (c)

    a designated NCA officer of grade 3 or above;

    (d)

    an accredited civilian officer of grade 7 or above;

  • 10“specific-premises warrant” and “all-premises warrant” have the
    meaning given by section 18(4).

Part 2 Search warrants: applications and safeguards

Applications for warrants

3 (1) 15A person applying for a search warrant must—

(a) state that the application is made under section 18 of this Act;

(b) specify the matters set out in sub-paragraph (2) or (3) (as the case
may be);

(c) state what are the grounds for suspecting that relevant evidence is on
20the premises;

(d) specify the offence to which the evidence relates.

(2) A person who is applying for a specific-premises warrant must specify each
set of premises that it is desired to enter and search.

(3) A person who is applying for an all-premises warrant must—

(a) 25specify as many of the sets of premises that it is desired to enter and
search as it is reasonably practicable to specify;

(b) specify the person who is in occupation or control of those premises
and any other premises that it is desired to enter and search;

(c) explain why it is necessary to search more premises than those
30specified under paragraph (a);

(d) explain why it is not reasonably practicable to specify all the
premises that it is desired to enter and search.

(4) A person who is applying for a search warrant authorising entry and search
on more than one occasion must also state—

(a) 35the ground on which the person applies for such a warrant;

(b) whether the person seeks a warrant authorising an unlimited
number of entries, or (if not) the maximum number of entries
desired.

Safeguards in connection with power of entry conferred by warrant

4 40A search warrant authorises entry on one occasion only, unless it specifies
that it authorises multiple entries.

5 (1) A search warrant must—

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(a) specify the name of the person who applied for it;

(b) specify the date on which it is issued;

(c) state that the warrant is issued under section 18 of this Act;

(d) specify each set of premises to be searched, or (in the case of an all-
5premises warrant) the person who is in occupation or control of
premises to be searched, together with any premises to be searched
that are under the person’s occupation or control and can be
specified;

(e) specify the offence to which the relevant evidence relates.

6 (1) 10Two copies must be made of a search warrant that specifies only one set of
premises and does not authorise multiple entries.

(2) As many copies as are reasonably required may be made of any other kind
of search warrant.

(3) The copies must be clearly certified as copies.

15Part 3 Execution of search warrants

Warrant to be executed within one month

7 Entry and search under a search warrant must be within the period of one
month starting with the date of its issue.

20All-premises warrants

8 (1) In the case of an all-premises warrant, premises that are not specified in the
warrant may be entered and searched only if a senior officer has authorised
them to be entered.

(2) An authorisation under sub-paragraph (1) must be in writing.

25Search of premises more than once

9 (1) Premises may be entered or searched for the second or a subsequent time
under a search warrant authorising multiple entries only if a senior officer
has authorised that entry to the premises.

(2) An authorisation under sub-paragraph (1) must be in writing.

30Time of search

10 Entry and search under a search warrant must be at a reasonable hour unless
it appears to the officer executing it that the purpose of a search may be
frustrated or seriously prejudiced on an entry at a reasonable hour.

Evidence of authority etc

11 (1) 35Where the occupier of premises to be entered and searched under a search
warrant is present at the time when a police or customs officer or an
accredited civilian officer seeks to execute the warrant, the following
requirements must be satisfied—

(a) the occupier must be told the officer’s name;

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(b) if not a constable in uniform, the officer must produce to the occupier
documentary evidence that the officer is a police or customs officer
or an accredited civilian officer;

(c) the officer must produce the warrant to the occupier and supply the
5occupier with a copy of it.

(2) Where the occupier of premises to be entered and searched under a search
warrant is not present at the time when a police or customs officer or
accredited civilian officer seeks to execute the warrant—

(a) if some other person who appears to the officer to be in charge of the
10premises is present, sub-paragraph (1) has effect as if a reference to
the occupier were a reference to that other person;

(b) if not, the officer must leave a copy of the warrant in a prominent
place on the premises.

Extent of search

12 15A search under a search warrant may only be a search to the extent required
for the purpose for which the warrant was issued.

Securing premises after entry

13 A police or customs officer or accredited civilian officer who enters premises
under a search warrant must take reasonable steps to ensure that when the
20officer leaves the premises they are as secure as they were before the officer
entered.

Return and retention of warrant

14 (1) A search warrant must be returned to the appropriate person (see sub-
paragraph (2))—

(a) 25when the warrant has been executed, or

(b) on or before the expiry of the period of one month starting with the
date of its issue, if the warrant is—

(i) a specific-premises warrant that has not been executed,

(ii) an all-premises warrant, or

(iii) 30a warrant authorising multiple entries.

(2) The appropriate person is—

(a) in the case of a warrant issued in England and Wales, the designated
officer for the local justice area in which the justice of the peace was
acting when issuing the warrant;

(b) 35in the case of a warrant issued in Northern Ireland, the clerk of petty
sessions.

(3) The appropriate person must retain a search warrant returned under sub-
paragraph (1) until the end of the period of 12 months starting with the date
of its return.

(4) 40If during that period the occupier of premises to which the search warrant
relates asks to inspect it, the occupier must be allowed to do so.