Section 47 — Fair Trading Act 1986: Power to search

47 Power to search (1) The Commission may, from time to time, authorise an employee of the Commission to search, under a warrant issued under subsection (2) , any place named in the warrant for any of the purposes set out in that subsection. (2) A District Court Judge, Justice, Community Magistrate, or Court Registrar (not being a constable) may, by warrant, authorise a person who is authorised under subsection (1) to search a place specified in the warrant if he or she is satisfied on application made on oath by that employee that there are reasonable grounds to believe that a search is necessary for the purpose of— (a) investigating— (i) whether a person has engaged in, or is engaging in, conduct that constitutes, or may constitute, a contravention of this Act; or (ii) the nature or extent of any conduct that constitutes, or may constitute, a contravention of this Act; or (b) gathering, obtaining, or recovering evidence of— (i) conduct that constitutes, or may constitute, a contravention of this Act; or (ii) the nature or extent of any conduct that constitutes, or may constitute, a contravention of this Act. (3) A person who applies for a warrant shall, having made reasonable inquiries, disclose— (a) Details of every previous application for a warrant to search the place that the person knows has been made within the preceding 28 days; and (b) The result of the application. Section 47 was substituted, as from 1 July 1990, by section 3 Fair Trading Amendment Act 1990 (1990 No 42). Subsection (1) was substituted, as from 8 July 2003, by section 14 Fair Trading Amendment Act 2003 (2003 No 31). See section 16 of that Act as to proceedings already barred and pending proceedings. Subsection (2) was amended, as from 30 June 1998, by section 7 District Courts Act 1998 (1998 No 76) by inserting the words “ or Community Magistrate, ” . Subsection (2) was substituted, as from 8 July 2003, by section 14 Fair Trading Amendment Act 2003 (2003 No 31). See section 16 of that Act as to proceedings already barred and pending proceedings.