Under the clause, a warrant issued by a High Court judge may authorise a named officer of the OFT and any other officer of the OFT whom the OFT has authorised in writing—and, indeed, officials of the European Commission, under sections 62 and 63 of the 1998 Act—to enter premises using such force as is reasonably necessary. The warrant also authorises those named in it to search the premises, take copies of documents, take possession of documents and preserve them, and to require explanations of the documents or statements regarding their whereabouts. Information may also be extracted from computer systems.

Under the Competition Act 1998, it is possible to send officers of the OFT alone on raids to companies. Since that Act came into force, the OFT has experienced a need to authorise people not employed by it to accompany OFT officials on searches under a warrant. Such people are required to provide expertise in fields such as IT, which is unavailable within the OFT but required for the OFT to make full use of the warrant and obtain the information that it requires.

The clause would enable warrants to be issued that authorise non-employees of the OFT to accompany and assist OFT officers in a search. The external experts will always be required to work under the direction of the OFT; there is no question of their being able to enter premises without OFT officials.