Commentary on Sections Section 21: Power to search and obtain evidence: issue of warrant
122.The purpose of this section is to confer powers to enter and search premises to obtain evidence in connection with an offence under the Act.
123.Under subsection (1) a justice of the peace may issue a warrant authorising a person acting under the authority of the Secretary of State to enter and search premises if they are satisfied that either condition A or B is met.
124.There must be reasonable grounds to suspect either: an offence under the Act is being, has been, or is about to be, committed on the premises (condition A, subsection (2)); or that evidence of an offence under the Act having been committed will be found on the premises (condition B, subsection (3)).
125.Subsection (4) provides that any person acting under the authority of the Secretary of State can apply for a warrant. The application must specify the relevant premises. Under subsection (5) the warrant may authorise entry on one occasion only. Under subsection (6) the warrant can be executed by anyone authorised by the Secretary of State during the period of one month from the date of issue.
126.Subsection (7) addresses how in their application to Scotland references to “justice of the peace” and “information on oath” in subsection (1) should be interpreted.