SCHEDULES

SCHEDULE 12OFCOM’s powers of entry, inspection and audit

I1I216Return of warrants

1

Where a warrant is executed—

a

it must be returned to the appropriate person (see sub-paragraph (3)) after being executed, and

b

the person by whom it is executed must write on the warrant a statement of the powers that have been exercised under the warrant.

2

Where a warrant is not executed, it must be returned to the appropriate person within the time authorised for its execution.

3

The appropriate person is—

a

in the case of a warrant issued in England and Wales, the designated officer for the local justice area in which the justice of the peace was acting when issuing the warrant;

b

in the case of a warrant issued in Scotland, the clerk of the justice of the peace court;

c

in the case of a warrant issued in Northern Ireland, the clerk of petty sessions.

4

The appropriate person must retain a search warrant returned under sub-paragraph (1) or (2) until the end of the period of 12 months starting with the date of its return.

5

If during that period the occupier of premises to which the warrant relates asks to inspect it, the occupier must be allowed to do so.