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(1)A constable or enforcement officer may—
(a)enter land or premises on which they reasonably believe a contravention of regulations under section 25 is occurring;
(b)remove any infringing article;
(c)when entering land under paragraph (a), be accompanied by one or more persons for the purpose of taking action under paragraph (b);
(d)use, or authorise the use of, reasonable force for the purpose of taking action under this subsection.
(2)The power to remove an article may be exercised only if the constable or enforcement officer thinks it necessary for the purpose of—
(a)ending the contravention of regulations under section 25,
(b)preventing a future contravention of the regulations,
(c)enabling the article to be used as evidence in proceedings for an offence under section 27, or
(d)enabling the article to be forfeited in accordance with section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).
(3)An article removed shall be returned when retention is no longer justified by a matter specified in subsection (2)(a) to (d); but this subsection does not apply to perishable articles which have ceased to be usable for trade.
(4)An article removed—
(a)if removed by an enforcement officer, shall as soon as is reasonably practicable be delivered to a constable, and
(b)whether removed by or delivered to a constable, shall be treated as if acquired by the constable in the course of the investigation of an offence;
but this subsection is subject to subsection (3).
(5)Having exercised a power under this section a constable or enforcement officer—
(a)shall take reasonable steps to leave the land or premises secure, and
(b)shall comply with any provision of regulations under section 25 about informing specified persons of what the constable or enforcement officer has done.
(6)Regulations under section 25 shall include provision enabling a person whose property is damaged in the course of the exercise or purported exercise of a power under this section (other than a person responsible for a contravention of the regulations) to obtain compensation from a police authority or the Olympic Delivery Authority; and the regulations may, in particular, include provision—
(a)conferring jurisdiction on a court or tribunal;
(7)A police authority or the Olympic Delivery Authority may recover from a person responsible for the contravention of regulations under section 25, as if it were a debt, the reasonable costs of taking action under this section.
(8)In this section—
“enforcement officer” means a person designated for the purposes of that subsection by the Olympic Delivery Authority (and paragraph 29(1)(a) to (d) of Schedule 1 shall apply to an enforcement officer whether or not he is a member of the Authority's staff), and
“infringing article” means—
an article that is being offered for trade in contravention of regulations under section 25 or is otherwise being used in connection with a contravention of the regulations, and
anything (other than a vehicle) containing an article to which paragraph (a) applies.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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