PART 6Enforcement and Non-compliance

Enforcement powers14

1

The Administrator may exercise any of the powers in paragraph (2) for the purposes of enforcement.

2

The powers are—

a

to make test purchases of goods for the purposes of ascertaining whether these Regulations are being complied with;

b

to inspect any goods and to enter any premises at any reasonable time (other than domestic premises) for the purposes of ascertaining whether these Regulations are being complied with;

c

if the Administrator reasonably believes that there has been a failure to comply with a requirement of these Regulations—

i

to question a seller or an officer or employee of a seller;

ii

to require the production of documents or the provision of information.

3

In this regulation “domestic premises” means premises used wholly or mainly as a private dwelling.

4

The Administrator seeking to exercise a power under paragraph (2)(b) or (c) shall produce evidence of identity and authority if requested by a person who is, or appears to be—

a

the seller, or an officer or employee of the seller;

b

an owner or occupier of any premises in respect of which the Administrator seeks to exercise the power concerned.

5

Nothing in paragraph (2)(c)(ii) shall compel production of any document in respect of which a person would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the County Court or High Court.