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SCHEDULES

SCHEDULE 5E+W+N.I.Powers of inspection, entry, search and seizure

Powers: supplementaryE+W+N.I.

6(1)Power under this Schedule to enter and inspect or search any premises includes power to take such other persons and equipment as the person exercising the power reasonably considers necessary.E+W+N.I.

(2)Power under this Schedule to inspect or search any premises includes, in particular—

(a)power to inspect any equipment found on the premises,

(b)power to inspect and take copies of any records found on the premises, and

(c)in the case of premises in respect of which a licence is in force, power to observe the carrying-on on the premises of the licensed activity.

(3)Any power under this Schedule to enter, inspect or search premises includes power to require any person to afford such facilities and assistance with respect to matters under that person’s control as are necessary to enable the power of entry, inspection or search to be exercised.

Commencement Information

I1Sch. 5 para. 6 in force at 20.10.2005 for specified purposes by S.I. 2005/2792, art. 2(2)(j)

I2Sch. 5 para. 6 in force at 1.3.2006 for specified purposes by S.I. 2006/404, art. 2(3)(4), Sch. (with arts. 4-6)

I3Sch. 5 para. 6 in force at 7.4.2006 for specified purposes by S.I. 2006/404, art. 3(3), Sch. (with arts. 4-6)

I4Sch. 5 para. 6 in force at 1.9.2006 in so far as not already in force by S.I. 2006/1997, art. 3(2) (with arts. 4, 7, 8)

7(1)A person’s right to exercise a power under this Schedule is subject to his producing evidence of his entitlement to exercise it, if required.E+W+N.I.

(2)As soon as reasonably practicable after having exercised a power under this Schedule to inspect or search premises, the duly authorised person shall—

(a)prepare a written report of the inspection or search, and

(b)if requested to do so by the appropriate person, give him a copy of the report.

(3)In sub-paragraph (2), the “appropriate person” means—

(a)in relation to premises in respect of which a licence is in force, the designated individual (as defined in section 41);

(b)in relation to any other premises, the occupier.

Commencement Information

I5Sch. 5 para. 7 in force at 20.10.2005 for specified purposes by S.I. 2005/2792, art. 2(2)(j)

I6Sch. 5 para. 7 in force at 1.3.2006 for specified purposes by S.I. 2006/404, art. 2(3)(4), Sch. (with arts. 4-6)

I7Sch. 5 para. 7 in force at 7.4.2006 for specified purposes by S.I. 2006/404, art. 3(3), Sch. (with arts. 4-6)

I8Sch. 5 para. 7 in force at 1.9.2006 in so far as not already in force by S.I. 2006/1997, art. 3(2) (with arts. 4, 7, 8)