Form 64.9

Rule 64.9

Notice to accompany order of the court when served by Commissioner

IMPORTANT

NOTICE TO PERSON ON WHOM THIS ORDER IS SERVED

1.	This order orders you to allow the person appointed and named in the order as Commissioner to enter your premises to search for, examine and remove or copy the items mentioned in the order.

2.	It also allows entry to the premises to any person appointed and named in the order as a representative of the person who has been granted the order and to any person accompanying the Commissioner to assist him.

3.	No-one else is given authority to enter the premises.

4.	You should read the order immediately.

5.	You have the right to seek legal or other professional advice of your choice and you are advised to do so as soon as possible.

6.	Consultation under paragraph 5 will not prevent the Commissioner from entering your premises for the purposes mentioned in paragraph 1 but if the purpose of your seeking advice is to help you to decide if you should ask the court to vary or discharge the order you are entitled to ask the Commissioner to delay searching the premises for up to 2 hours or such other longer period as the Commissioner may permit.

7.	The Commissioner is obliged to explain the meaning and effect of the order to you.

8.	He is also obliged to explain to you that you are entitled to claim that the items, or some of them, are protected as confidential or privileged.

9.	You are entitled to ask the court to vary or discharge the order provided that-

you take steps to do so at once;  and 

you allow the Commissioner, any person appointed as a representative of the person who has been granted the order and any person accompanying the Commissioner to assist him, to enter the premises meantime.

10.	The Commissioner and the persons mentioned as representatives or assistants have a right to enter the premises even if you refuse to allow them to do so, unless-

you are female and alone in the premises and there is no female with the Commissioner (where the Commissioner is not herself female), in which case they have no right to enter the premises;

the Commissioner serves the order before 9am or after 5pm on a weekday or at any time on a Saturday or Sunday (except where the court has specifically allowed this, which will be stated in the order);

in which cases you should refuse to allow entry.

11.	You are entitled to insist that there is no-one (or no-one other than X) present who could gain commercially from anything which might be read or seen on your premises.

12.	You are required to hand over to the Commissioner any of the items mentioned in the order which are in your possession.

13.	You may be found liable for contempt of court if you refuse to comply with the order.