Psychoactive Substances Act 2016
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Change 1
40 Further provision about search warrants
(1) An application for a search warrant may be made without notice being given to persons who might be affected by the warrant. (2) The application must be supported— (a) in England and Wales, by an information in writing; (b) in Scotland, by evidence on oath; (c) in Northern Ireland, by a complaint on oath. (3) A person applying for a search warrant must answer on oath any question that the justice hearing the application asks the person. In the case of an application made by a procurator fiscal, that requirement may be met by a relevant enforcement officer. (4) A search warrant may be executed by any relevant enforcement officer. (5) A search warrant may authorise persons to accompany any relevant enforcement officer who is executing it. (6) A person authorised under subsection (5) to accompany a relevant enforcement officer may exercise any power conferred by sections 39 to 45 which the officer may exercise as a result of the warrant. But the person may exercise such a power only in the company of, and under the supervision of, a relevant enforcement officer. (7) Schedule 3 contains further provision about— (a) applications for search warrants made in England and Wales or Northern Ireland, and (b) search warrants issued in England and Wales or Northern Ireland. (8) An entry on or search of premises under a search warrant issued in England and Wales or Northern Ireland is unlawful unless it complies with the provisions of Part 3 of that Schedule (execution of search warrants).
40 Further provision about search warrants
(1) An application for a search warrant may be made without notice being given to persons who might be affected by the warrant. (2) The application must be supported— (a) in England and Wales, by an information in writing; (b) in Scotland, by evidence on oath; (c) in Northern Ireland, by a complaint on oath. (3) A person applying for a search warrant must answer on oath any question that the justice hearing the application asks the person. In the case of an application made by a procurator fiscal, that requirement may be met by a relevant enforcement officer. (4) A search warrant may be executed by any relevant enforcement officer. (5) A search warrant may authorise persons to accompany any relevant enforcement officer who is executing it. (6) A person authorised under subsection (5) to accompany a relevant enforcement officer may exercise any power conferred by sections 39 to 45 which the officer may exercise as a result of the warrant. But the person may exercise such a power only in the company of, and under the supervision of, a relevant enforcement officer. (7) Schedule 3 contains further provision about— (a) applications for search warrants made in England and Wales or Northern Ireland, and (b) search warrants issued in England and Wales or Northern Ireland. (8) An entry on or search of premises under a search warrant issued in England and Wales or Northern Ireland is unlawful unless it complies with the provisions of Part 3 of that Schedule (execution of search warrants).
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