The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001

Powers of search etc.

3.—(1) Subject to paragraph 4 below, a duly authorised officer of an enforcement authority may at any reasonable hour and on production, if required, of his credentials exercise any of the powers conferred by the following provisions of this paragraph.

(2) The officer may, for the purpose of ascertaining whether there has been a contravention of any of the requirements of regulation 7—

(a) inspect any equipment and enter any premises other than premises occupied only as a person’s residence; or

(b) examine any procedure (including any arrangements for carrying out a test) connected with the production of any equipment.

(3) If the officer has reasonable ground for suspecting that there has been a contravention of any of the requirements of regulation 7, he may for the purpose of ascertaining (by testing or otherwise) whether there has been any such contravention, seize and detain any equipment.

(4) The officer may seize and detain—

(a) any equipment, any document, record or information which the officer may require production of under paragraph 8 below, or any other thing, which he has reasonable grounds for believing may be required as evidence in proceedings for an offence under these Regulations, or

(b) any equipment which he has reasonable grounds for suspecting may be liable to be forfeited under paragraphs 13 and 14 below.

(5) The officer may, for the purpose of the exercise of his powers under sub-paragraphs (3) or (4) above to seize any equipment, any document or record or any other thing—

(a) require any person having authority to do so to open any container; and

(b) himself open or break open any such container where a requirement made under paragraph (a) above in relation to the container has not been complied with.