36.This section provides officers authorised by the Secretary of State with the power to search premises for evidence of the commission of an offence under the Act. The power can only be exercised if a warrant has been obtained from a magistrate, and only if a police constable is present if that is what the warrant says.
37.Subsection (1) defines the circumstances in which such a warrant may be issued. Subsection (2) lists specific powers available to an officer authorised by such a warrant while on the premises.
38.Subsection (3) enables a police constable, who enters premises under the powers in this section, to assist the authorised officer, including searching anyone on the premises who the constable has reasonable cause to believe may be in possession of any document or other thing which may be required as evidence of an offence under the Act.
39.Under subsection (6), it is a criminal offence wilfully to obstruct an authorised officer carrying out a power conferred by a warrant under this section, or not to comply with a reasonable request made by such an officer or a police constable (unless there is a reasonable excuse for not doing so).
Commentary on Sections Section 8: Power to search and obtain evidence