Part 1: Access to Customer Data and Business Data Enforcement Section 9: Restrictions on powers of investigation etc
Section 9 restricts the powers of investigation that may be conferred on enforcers by section 8. The section also restricts the monitoring powers that may be conferred on decision-makers (see section 6(6)) and interface bodies (see section 7(5)).
	Subsection (1)(a) ensures that regulations may not authorise entry of an enforcer to a private dwelling without a court-issued warrant.
	Subsection (1)(b) ensures that regulations may not require a person to give a decision-maker, an interface body or an enforcer information to which subsections (2) to (7) apply. This information consists of information:
The provision of which would infringe the privileges of Parliament (subsection (2));
In respect of a communication between a professional legal adviser and the adviser’s client in connection with legal advice relating to obligations, liabilities or rights under Part 1 regulations (subsections (3) and (5));
In respect of a communication between a professional legal adviser and the adviser’s client or another person, in connection with or contemplation of, and for the purpose of, proceedings under or arising out of Part 1 regulations (subsections (4) and (5));
The provision of which would expose a person to prosecution for an offence, other than an offence under the regulations or other legislation listed in subsection (7) (subsections (6) and (7)).
	Subsection (8) prevents an oral or written statement given in response to a request for information from a decision-maker, an interface body or an enforcer being used in evidence against the person being prosecuted for an offence, other than an offence created by the data regulations, subject to the exceptions in paragraphs (a) and (b).