Weights and Measures Act 1985

Powers of entry and inspection

1 An inspector may, within the area for which he is appointed an inspector and on production if so requested of his credentials, at all reasonable times—

(a) enter any premises (except premises used only as a private dwelling-house) as to which he has reasonable cause to believe that packages are made up on the premises or that imported packages belonging to the importer of them are on the premises or that regulated packages intended for sale are on the premises ;

(b) inspect and test any equipment which he has reasonable cause to believe is used in making up packages in the United Kingdom or in carrying out a check mentioned in subsections (1) and (2) of section 49 of this Act;

(c) inspect, and measure in such manner as he thinks fit, any thing which he has reasonable cause to believe is or contains or is contained in a package and, if he considers it necessary to do so for the purpose of inspecting the thing or anything in it, break it open ;

(d) inspect and take copies of, or of any thing purporting to be, a record, document or certificate mentioned in section 48(2) and subsections (1) to (3) of section 49 of this Act;

(e) require any person on premises which the inspector is authorised to enter by virtue of paragraph (a) of this paragraph to provide such assistance as the inspector reasonably considers necessary to enable the inspector to exercise effectively any power conferred on him by paragraphs (a) to (d) above ;

(f) require any person to give to the inspector such information as the person possesses about the name and address of the packer and of any importer of a package which the inspector finds on premises he has entered by virtue of this paragraph or paragraph 2 below.

2 If a justice of the peace, on sworn information in writing—

(a) is satisfied that there is reasonable ground to believe that—

(i) a package or a thing containing a package, or

(ii) any such equipment, record, document or certificate as is mentioned in paragraph 1 above,

is on any premises or that an offence under section 50 or 63 of this Act is being or is about to be committed on any premises, and

(b) is also satisfied either—

(i) that admission to the premises has been refused or that a refusal is apprehended and that notice of the intention to apply for a warrant has been given to the occupier, or

(ii) that an application for admission or the giving of such a notice would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await his return,

the justice may by warrant under his hand, which shall continue in force for a period of one month, authorise an inspector to enter the premises if need be by force.

In the application of this paragraph to Scotland " justice of the peace " includes a sheriff.

3 (1) An inspector entering any premises by virtue of paragraph 1 or 2 above may take with him such other persons and such equipment as he considers necessary.

(2) It shall be the duty of an inspector who leaves premises which he has entered by virtue of paragraph 2 above and which are unoccupied or from which the occupier is temporarily absent to leave the premises as effectively secured against trespassers as he found them.