Section 45
( 1)
of Securities Markets Order, 2013
The Authority may apply to the Court for a warrant if the Court is satisfied that on information on oath given by or on behalf of the Authority that there are reasonable grounds for believing that an offence has been committed under this Order and that there are on the premises specified in the warrant, documents relevant to the question whether that offence has been committed.
(2)
The Authority may apply to the Court for a warrant if the Court is satisfied that on information on oath given by or on behalf of the Authority or a 1276
person appointed to exercise investigation powers for the Authority under this
Order that there are reasonable grounds for believing that there are on the premises specified in the warrant, documents whose production have been required under the investigation powers and which have not been produced in compliance with the requirement.
(3)
A warrant issued under this section shall authorise any officer of the
Authority or any other authorised person to -
fa}
enter the premises specified in the warrant, using such force as is reasonably necessary for the purpose;
fb)
search the premises and take possession of any documents appearing to be such documents as are mentioned in subsection (1) or (2) or to take, in relation to any such documents, any other steps which may appear to be necessary for preserving them or preventing interference with them;
(c)
make copies of any such documents; and fd)
require any person named in the warrant to provide an explanation of them or to state where they may be found.
(4)
A warrant issued under this section shall continue in force within one month beginning from the day on which it is issued.
(5)
Any document of which possession is taken under this section may be retained-
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fa}
for so long as is necessary -
(i)
for the purposes of exercising a power conferred by this Order;
(ii)
for a decision to be made about whether or not any proceedings to which the books concerned would be relevant should be instituted; or
(iii)
for such proceedings to be instituted and carried on; or fb)
if, proceedings to which the documents are relevant are commenced against any person for any criminal offence, until the conclusion of those proceedings.
(6)
In this section, "documents" include information recorded in any form.
Failure to comply with investigation powers.