C4Part IV Enforcement of Parts II and III
C130 Provisions supplemental to s. 29.
C21
An officer seizing any goods or records under section 29 above shall inform the following persons that the goods or records have been so seized, that is to say—
a
the person from whom they are seized; and
b
in the case of imported goods seized on any premises under the control of the Commissioners of Customs and Excise, the importer of those goods (within the meaning of the M1Customs and Excise Management Act 1979).
C22
If a justice of the peace—
a
is satisfied by any written information on oath that there are reasonable grounds for believing either—
i
that any goods or records which any officer has power to inspect under section 29 above are on any premises and that their inspection is likely to disclose evidence that there has been a contravention of any safety provision or of any provision made by or under Part III of this Act; or
ii
that such a contravention has taken place, is taking place or is about to take place on any premises; and
b
is also satisfied by any such information either—
i
that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under this subsection 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 any officer of an enforcement authority to enter the premises, if need be by force.
C23
An officer entering any premises by virtue of section 29 above or a warrant under subsection (2) above may take with him such other persons and such equipment as may appear to him necessary.
C24
On leaving any premises which a person is authorised to enter by a warrant under subsection (2) above, that person shall, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against trespassers as he found them.
C25
If any person who is not an officer of an enforcement authority purports to act as such under section 29 above or this section he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
C3C26
Where any goods seized by an officer under section 29 above are submitted to a test, the officer shall inform the persons mentioned in subsection (1) above of the result of the test and, if—
a
proceedings are brought for an offence in respect of a contravention in relation to the goods of any safety provision or of any provision made by or under Part III of this Act or for the forfeiture of the goods under section 16 or 17 above, or a suspension notice is served in respect of any goods; and
b
the officer is requested to do so and it is practicable to comply with the request,
the officer shall allow any person who is a party to the proceedings or, as the case may be, has an interest in the goods to which the notice relates to have the goods tested.
C3C27
The Secretary of State may by regulations provide that any test of goods seized under section 29 above by an officer of an enforcement authority shall—
a
be carried out at the expense of the authority in a manner and by a person prescribed by or determined under the regulations; or
b
be carried out either as mentioned in paragraph (a) above or by the authority in a manner prescribed by the regulations.
C28
The power to make regulations under subsection (7) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and shall include power—
a
to make different provision for different cases; and
b
to make such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.
C29
In the application of this section to Scotland, the reference in subsection (2) above to a justice of the peace shall include a reference to a sheriff and the references to written information on oath shall be construed as references to evidence on oath.
10
In the application of this section to Northern Ireland, the references in subsection (2) above to any information on oath shall be construed as references to any complaint on oath.
Pt. IV (ss. 27-35) applied (1.1.1993) by S.I. 1992/3139, reg. 3(2)(c) (which said S.I. 1992/3139 was revoked (15.5.2002) by S.I. 2002/1144, reg. 1(2), Sch. 11 para. 1)