Part 15Inspection

Powers and procedure

I1317Powers

1

A constable, enforcement officer or authorised person exercising a power under or by virtue of this Part to enter premises may—

a

inspect any part of the premises and any machine or other thing on the premises;

b

question any person on the premises;

c

require access to any written or electronic record which is kept on the premises;

d

require to be supplied with a copy, in such form as he directs, of an entry in a written or electronic record which is kept on the premises;

e

remove and retain anything if he reasonably believes that it constitutes or contains evidence of—

i

the commission of an offence under this Act, or

ii

the breach of a term or condition of a licence issued under this Act;

f

remove and retain anything if he reasonably believes that it is being used or has been used in the commission of an offence under this Act.

2

The Secretary of State may by regulations make provision about the treatment of —

a

copies supplied under subsection (1)(d), and

b

things removed under subsection (1)(e) or (f).

3

Regulations under subsection (2) may, in particular, make provision—

a

about the retention, use, return, disposal or destruction of anything supplied or removed;

b

conferring a right of appeal.

4

The Secretary of State may by regulations make provision about the procedure to be followed in the exercise of a power under this section.

5

Nothing in this Part authorises action to be taken in England and Wales in respect of anything of a kind specified in section 9(2) of the Police and Criminal Evidence Act 1984 (c. 60) (legally privileged material, &c.).

6

A person exercising a power under or by virtue of this Part shall have regard to any relevant provision of a code of practice under that Act (and guidance under section 25 may refer to a provision of a code).

7

Subsection (6) does not apply as respects the exercise of a power in relation to Scotland.