The Passenger Car (Fuel Consumption and CO2 Emissions Information) Regulations 2001

PART II Provisions as to enforcement

Obstruction of authorised officers and false statements

5.—(1) A person shall not—

(a) intentionally obstruct a duly authorised officer of an enforcement authority acting in pursuance of any provision of these Regulations; or

(b) intentionally fail to comply with any requirement properly made to him by such an officer under any provision of these Regulations; or

(c) without reasonable cause fail to give any such officer of an enforcement authority who is so acting any other assistance or information which he may reasonably require of him for the purposes of the exercise of the officer’s functions under any provision of these Regulations.

(2) A person shall not, in giving any information which is required of him by virtue of sub-paragraph (1)(c)—

(a) make any statement which he knows is false in a material particular; or

(b) recklessly make a statement which is false in a material particular.

Power to enter premises and inspect, seize and detain

6.—(1) A duly authorised officer of an enforcement authority on—

(a) identifying himself and producing authority in writing from the enforcement authority which appointed him for the exercise by him of powers conferred on the authority by these Regulations, and

(b) stating the purpose of his actions and his grounds for undertaking them, has available to him, at all reasonable hours, the powers set out in sub-paragraph (2).

(2) The powers referred to in sub-paragraph (1) are—

(a) for the purpose of ascertaining whether an offence under these Regulations has been committed, to inspect any new passenger car, EC certificate of conformity, fuel economy guide, fuel economy label, poster or display, or any promotional literature and to enter into any premises other than premises used only as a dwelling;

(b) if there is reasonable cause to suspect that an offence under these Regulations has been committed and for the purpose of ascertaining whether it has been committed, to require any person carrying on or employed in connection with a business to produce any EC certificate of conformity, fuel economy guide, fuel economy label, poster or display or any promotional literature or any relevant records and to take copies of them, or of any entry in any relevant records;

(c) to seize and detain any EC certificate of conformity, fuel economy guide, fuel economy label, poster or display or any promotional literature or relevant records where there is reason to believe that these may be required as evidence in proceedings for an offence under these Regulations.

(3) For the purposes of paragraphs (b) and (c) of sub-paragraph (2), the officer may require information stored electronically to be made available to him in printed form.

(4) If a justice of the peace is satisfied by any written information on oath—

(a) that there are reasonable grounds for believing either—

(i) that any new passenger car, EC certificate of conformity, fuel economy guide, fuel economy label, poster or display, or promotional literature or any records relating thereto, which a duly authorised officer has power under this paragraph to inspect, copy, seize or require to be produced, are on any premises and that their inspection, copying, seizure or production is likely to disclose evidence of the commission of an offence under these Regulations; or

(ii) that any offence under these Regulations has been, is being or is about to be committed on any premises; and

(b) either—

(i) that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under this sub-paragraph has been given to the occupier; or

(ii) that an application for admission, or the giving of such a notice, would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await his return,

the justice may by warrant under his hand, which shall continue in force for a period of one month, authorise an officer of an enforcement authority to enter the premises, if need be by force.

(5) An officer entering any premises by virtue of this paragraph may take with him such other persons and such equipment as may appear to him necessary; and on leaving any premises which he has entered by virtue of a warrant he shall, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured against trespassers as he found them.

(6) An officer exercising any power of seizure and detention under this paragraph shall as soon as practicable give to the person, against whom the power has been exercised, a written notice—

(a) stating precisely what has been so seized and detained; and

(b) explaining where, within what period and on what grounds an appeal against such detention may be brought under paragraph 7 (appeals against detention), and whether the items detained would be released while an appeal were pending.

(7) A person who is not a duly authorised officer of an enforcement authority shall not purport to act as such under this paragraph.

(8) In the application of this paragraph to Scotland, the reference in sub-paragraph (4) to a justice of the peace shall include a reference to a sheriff and the references to written information on oath shall be construed as references to evidence on oath.

(9) In the application of this paragraph to Northern Ireland, the references in sub-paragraph (4) to any information on oath shall be construed as references to any complaint on oath.

Appeals against detention

7.—(1) Any person having an interest in any EC certificate of conformity, fuel economy guide, fuel economy label, display or poster, promotional literature or records relating thereto which are for the time being detained under paragraph 6 (power to enter premises and inspect, seize and detain) by an enforcement authority or by a duly authorised officer of an enforcement authority may apply for an order requiring the detained items to be released to him or to another person.

(2) An application under this paragraph may be made—

(a) to any magistrates' court in which proceedings have been brought in England and Wales or Northern Ireland for an offence in respect of a contravention of any provision of these Regulations in relation to the detained items;

(b) where no such proceedings have been so brought, by way of complaint to a magistrates' court; or

(c) in Scotland, by summary application to the sheriff.

(3) A magistrates' court or the sheriff shall not make an order under sub-paragraph (1) unless the court or sheriff is satisfied—

(d) that proceedings have not been brought for an offence in respect of a contravention of any provision of these Regulations in relation to the detained items; and

(e) that more than twelve months have elapsed since the seizure was carried out.

(4) Any person aggrieved by an order made under this paragraph by a magistrates' court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision—

(f) in England and Wales, to the Crown Court;

(g) in Northern Ireland, to a County Court;

and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Court Act 1980(1) or article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (statement of case) (2).

Recovery of expenses of enforcement

8.—(1) This paragraph shall apply where a court convicts a person of an offence in respect of a contravention of any provision of these Regulations.

(2) The court may (in addition to any other order it may make as to costs and expenses) order the person convicted to reimburse an enforcement authority for any expenditure which has been or may be incurred by that authority in connection with any seizure or detention by or on behalf of the authority of any EC certificate of conformity, fuel economy label, poster or display, promotional literature or records relating thereto.

(1)

1980 c. 43.

(2)

S.I. 1981/1675 (N.I. 26).