Commentary on Sections Section 22: Power to search and obtain evidence: supplementary
127.This section stipulates what the person authorised under a warrant issued under section 21 may do, and who may accompany him.
128.Under subsection (1) the person authorised under the warrant issued under section 21 may if necessary use force to enter the premises.
129.Subsection (2)(a) permits the person authorised under the warrant issued under section 21 to take other persons and such equipment on to the premises as appear necessary. Paragraphs (b) to (g) of subsection (2) permit the authorised person to:
	inspect, seize and remove any document, device, equipment or substance considered to be evidence of an offence under the Act
	copy documents or sample substances found on the premises for the same purpose
	require information in electronic form to be produced in a form in which it can be removed and read, and take copies of, or seize and remove anything produced considered to be evidence of an offence under the Act.
130.Under subsection (3) anything seized under subsection (2) may only be retained for as long as necessary.
131.Under subsection (4) any person who seizes anything under subsection (2) must provide a record of its seizure if requested by either: the person who occupies the premises at the time of the seizure; or the person who had possession or control of the thing immediately before it was seized.
132.The intention of subsection (5) is to protect claims to legal professional privilege, or in Scotland confidentiality of communications, with respect to information that can be obtained under subsection (2).
133.Subsections (6) and (7) provide for a constable to search persons who are found on the premises and whom he has reasonable cause to believe are in possession of any document, device, equipment or substance required as evidence.
134.Subsection (8) stipulates that no constable shall search a person of the opposite sex.
135.Under subsection (9) the warrant issued under section 21 can stipulate that the powers conferred by the warrant are only exercisable in the presence of a constable.
136.To ensure compliance with the other provisions of this section, subsection (10) makes it an offence for a person to obstruct a person exercising any power under this section. The penalties on summary conviction or conviction on indictment are stipulated. The penalties mirror those in sections 18(4) and 20(8) for obstruction.