104Monitoring warrants

104 Monitoring warrants

(1) An authorised officer may apply to a magistrate for a warrant under this section in relation to premises.

S. 104(2) amended by No. 6/2018 s. 68(Sch. 2 item 136).

(2) Subject to subsection (3), the magistrate may issue the warrant if the magistrate is satisfied, by information on oath or by affirmation, that it is reasonably necessary that one or more authorised officers should have access to the premises for the purposes of substantiating information provided under this Act or determining whether this Act has been complied with.

(3) The magistrate must not issue the warrant unless the authorised officer or some other person has given the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is sought.

(4) The warrant must—

(a) authorise one or more authorised officers (whether or not named in the warrant), with such assistance and by such force as is necessary and reasonable—

(i) to enter the premises; and

(ii) to exercise the powers set out in section 97 in relation to the premises; and

(b) state whether the entry is authorised to be made at any time of the day or during specified hours of the day; and

(c) specify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect; and

(d) state the purpose for which the warrant is issued.

(5) A warrant issued under this section must be issued in accordance with the Magistrates' Court Act 1989 as if it were a search warrant issued under that Act and must be in a form set out in the regulations under that Act.

(6) Section 78(1)(b)(iii) of the Magistrates' Court Act 1989 does not apply to a warrant issued under this section.

(7) Subject to any provisions to the contrary in this Part, the rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.