Part 1: The Office for Students Powers of entry and search Section 61: Entering and searching premises with a warrant
This section and Schedule 5 enable the OfS or the Secretary of State to apply to a justice of the peace for a warrant to allow authorised persons to enter and search certain registered higher education providers’ premises.
	Premises of institutions which act on behalf of such providers to deliver higher education courses, for example, as part of a sub-contracting arrangement, are within scope of the powers.
	A warrant can only be granted if a justice of the peace is satisfied that the requirements in paragraph 1(3) of Schedule 5 are met.
	If a warrant is granted, it may allow an authorised person to enter and search premises and confer on them related powers, such as powers to seize and retain items to determine whether there has been a breach of a relevant condition to which the provider is subject. There is an exception for excluded items such as those subject to legal privilege.
	The warrant may permit or require a constable to accompany an authorised person and that constable may use reasonable force if necessary.
	It is an offence to intentionally obstruct a person exercising the powers conferred by warrant, or to fail to comply with a reasonably imposed requirement, without reasonable excuse. Provision is made regarding protection from self-incrimination.
	This section forms part of the law of England and Wales.