Part 8Enforcement of certain consumer legislation

Information

227AF2Power to enter premises without warrant

1

An officer of a CPC enforcer who reasonably suspects that there has been, or is likely to be, a Community infringement may for any purpose relating to the functions of the CPC enforcer under this Part enter any premises to investigate whether there has been, or is likely to be, such an infringement.

2

An officer of a CPC enforcer who reasonably suspects that there is, or has been, a failure to comply with a relevant enforcement measure may for any purpose relating to the functions of the CPC enforcer under this Part enter any premises to investigate whether a person is complying with, or has complied with, the relevant enforcement measure.

3

An appropriate notice must be given to the occupier of the premises before an officer of a CPC enforcer enters them under subsection (1) and (2).

4

An appropriate notice is a notice in writing given by an officer of a CPC enforcer which—

a

gives at least two working days' notice of entry on the premises;

b

sets out why the entry is necessary; and

c

indicates the nature of the offence created by section 227E.

5

Subsection (3) does not apply if such a notice cannot be given despite all reasonably practicable steps having been taken to do so.

6

In that case, the officer entering the premises must produce to any occupier that he finds on the premises a document setting out why the entry is necessary and indicating the nature of the offence created by section 227E.

7

In all cases, the officer entering the premises must produce to any occupier evidence of—

a

his identity; and

b

in the case of an authorised officer of a CPC enforcer, his authorisation;

if asked to do so.

8

In this section—

  • “give”, in relation to the giving of a notice to the occupier of premises, includes delivering or leaving it at the premises or sending it there by post; and

  • “working day” means a day which is not—

    1. a

      Saturday or Sunday; or

    2. b

      Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 M1 in the part of the United Kingdom in which the premises are situated.

9

In this section and sections 227B to 227F—

  • “authorised officer of a CPC enforcer” means an officer of a CPC enforcer who is authorised by that enforcer for the purposes of this Part;

  • “occupier” means any person whom the officer concerned reasonably suspects to be the occupier;

  • “officer of a CPC enforcer” means—

    1. a

      an officer of a local weights and measures authority in Great Britain; or

    2. b

      an authorised officer of a CPC enforcer which is not a local weights and measures authority in Great Britain;

  • “premises” includes vehicles but does not include any premises which are used only as a dwelling; and

  • “relevant enforcement measure” means—

    1. a

      an enforcement order made under section 217 on the application of the CPC enforcer;

    2. b

      an interim enforcement order made under section 218 on the application of the CPC enforcer;

    3. c

      an undertaking under section 217(9) in connection with an application made by the CPC enforcer for an enforcement order under section 217;

    4. d

      an undertaking under section 218(10) in connection with an application made by the CPC enforcer for an interim enforcement order under section 218; or

    5. e

      an undertaking under section 219 to the CPC enforcer.