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Scrap Metal Dealers Act 2013

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This is the original version (as it was originally enacted).

Enforcement of closure order

This section has no associated Explanatory Notes

9(1)A person is guilty of an offence if the person, without reasonable excuse,—

(a)permits premises to be open in contravention of a closure order, or

(b)otherwise fails to comply with, or does an act in contravention of, a closure order.

(2)If a closure order has been made in respect of any premises, a constable or an authorised person may (if necessary using reasonable force)—

(a)enter the premises at any reasonable time, and

(b)having entered the premises, do anything reasonably necessary for the purpose of securing compliance with the order.

(3)Sub-paragraph (4) applies if a constable or an authorised person (“the officer”) seeks to exercise powers under this paragraph in relation to any premises.

(4)If the owner, occupier or other person in charge of the premises requires the officer to produce—

(a)evidence of the officer’s identity, or

(b)evidence of the officer’s authority to exercise those powers,

the officer must produce that evidence.

(5)A person who intentionally obstructs a constable or an authorised person in the exercise of powers under this paragraph is guilty of an offence.

(6)A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(7)In this paragraph “an authorised person” is a person authorised for the purposes of this paragraph by the local authority.

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