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The Electromagnetic Compatibility Regulations 2005

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77.—(1) Subject to regulation 78 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 regulation.

(2) The officer may, for the purpose of ascertaining whether there has been a contravention of any of the requirements of Part III of these Regulations—

(a)inspect any electrical apparatus 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 electrical apparatus.

(3) If the officer has reasonable grounds for suspecting that there has been a contravention of any of the requirements of Part III of these Regulations, he may for the purpose of ascertaining (by testing or otherwise) whether there has been any such contravention, seize and detain any electrical apparatus.

(4) The officer may seize and detain—

(a)any electrical apparatus, any document, record or information which the officer may require production of under regulation 84 below, or any other thing, which he has reasonable grounds for believing may be required—

(i)as evidence in proceedings for an offence under these Regulations;

(ii)by a competent authority of a member State other than the United Kingdom for the purpose of the exercise of its functions; or

(b)any electrical apparatus which he has reasonable grounds for suspecting may be liable to be forfeited under regulation 97 or 98 below.

(5) The officer may, for the purpose of the exercise of his powers under paragraphs (3) or (4) above to seize any electrical apparatus, 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.

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