| Data Protection Act 1984 (c. 35) |
| 1984 Chapter c.35 - continued |
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SCHEDULE 4
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POWERS OF ENTRY AND
INSPECTION |
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Issue of warrants |
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1. If a circuit judge is satisfied
by information on oath supplied by the Registrar that there are reasonable
grounds for suspecting-
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(a) that an offence under this Act has been or is being committed;
or
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(b) that any of the data protection principles have been or are being
contravened by a registered person,
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and that evidence of the commission of the offence or of
the contravention is to be found on any premises specified in the information,
he may, subject to paragraph 2 below, grant a warrant authorising the Registrar
or any of his officers or servants at any time within seven days of the
date of the warrant to enter those premises, to search them, to inspect,
examine, operate and test any data equipment found there and to inspect
and seize any documents or other material found there which may be such
evidence as aforesaid.
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2. A judge shall not issue a warrant
under this Schedule unless he is satisfied-
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(a) that the Registrar has given seven days' notice in writing to the
occupier of the premises in question demanding access to the premises;
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(b) that access was demanded at a reasonable hour and was unreasonably
refused; and
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(c) that the occupier has, after the refusal, been notified by the
Registrar of the application for the warrant and has had an opportunity
of being heard by the judge on the question whether or not it should be
issued;
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but the foregoing provisions of this paragraph shall not
apply if the judge is satisfied that the case is one of urgency or that
compliance with those provisions would defeat the object of the entry.
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3. A judge who issues a warrant under
this Schedule shall also issue two copies of it and certify them clearly
as copies.
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Execution of warrants |
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4. A person executing a warrant issued
under this Schedule may use such reasonable force as may be necessary.
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5. A warrant issued under this Schedule
shall be executed at a reasonable hour unless it appears to the person
executing it that there are grounds for suspecting that the evidence in
question would not be found if it were so executed.
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6. If the person who occupies the
premises in respect of which a warrant is issued under this Schedule is
present when the warrant is executed, he shall be shown the warrant and
supplied with a copy of it; and if that person is not present a copy of
the warrant shall be left in a prominent place on the premises.
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7. - (1) A person seizing anything
in pursuance of a warrant under this Schedule shall give a receipt for
it if asked to do so.
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(2) Anything so seized may be retained
for so long as is necessary in all the circumstances but the person in
occupation of the premises in question shall be given a copy of anything
that is seized if he so requests and the person executing the warrant considers
that it can be done without undue delay.
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Matters exempt from inspection and seizure |
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8. The powers of inspection and seizure
conferred by a warrant issued under this Schedule shall not be exercisable
in respect of personal data which are exempt from Part II of this Act.
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9. - (1) Subject to the provisions
of this paragraph, the powers of inspection and seizure conferred by a
warrant issued under this Schedule shall not be exercisable in respect
of-
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(a) any communication between a professional legal adviser and his
client in connection with the giving of legal advice to the client with
respect to his obligations, liabilities or rights under this Act; or
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(b) any communication between a professional legal adviser and his
client, or between such an adviser or his client and any other person,
made in connection with or in contemplation of proceedings under or arising
out of this Act (including proceedings before the Tribunal) and for the
purposes of such proceedings.
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(2) Sub-paragraph (1) above applies also
to-
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(a) any copy or other record of any such communication as is there
mentioned; and
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(b) any document or article enclosed with or referred to in any such
communication if made in connection with the giving of any advice or, as
the case may be, in connection with or in contemplation of and for the
purposes of such proceedings as are there mentioned.
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(3) This paragraph does not apply to
anything in the possession of any person other than the professional legal
adviser or his client or to anything held with the intention of furthering
a criminal purpose.
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(4) In this paragraph references to the
client of a professional legal adviser include references to any person
representing such a client.
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10. If the person in occupation of
any premises in respect of which a warrant is issued under this Schedule
objects to the inspection or seizure under the warrant of any material
on the grounds that it consists partly of matters in respect of which those
powers are not exercisable, he shall, if the person executing the warrant
so requests, furnish that person with a copy of so much of the material
as is not exempt from those powers.
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Return of Warrants |
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11. A warrant issued under this Schedule
shall be returned to the court from which it was issued-
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(a) after being executed; or
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(b) if not executed within the time authorised for its execution;
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and the person by whom any such warrant is executed shall
make an endorsement on it stating what powers have been exercised by him
under the warrant.
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Offences |
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12. Any person who-
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(a) intentionally obstructs a person in the execution of a warrant
issued under this Schedule; or
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(b) fails without reasonable excuse to give any person executing such
a warrant such assistance as he may reasonably require for the execution
of the warrant,
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shall be guilty of an offence.
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Vessels, vehicles etc. |
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13. In this Schedule "premises" includes
any vessel, vehicle, aircraft or hovercraft, and references to the occupier
of any premises include references to the person in charge of any vessel,
vehicle, aircraft or hovercraft.
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Scotland and Northern Ireland |
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14. In the application of this Schedule
to Scotland, for any reference to a circuit judge there shall be substituted
a reference to the sheriff, for any reference to information on oath there
shall be substituted a reference to evidence on oath and for the reference
to the court from which the warrant was issued there shall be substituted
a reference to the sheriff clerk.
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15. In the application of this Schedule
to Northern Ireland, for any reference to a circuit judge there shall be
substituted a reference to a county court judge and for any reference to
information on oath there shall be substituted a reference to a complaint
on oath.
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