The Human Fertilisation and Embryology (Procedure on Applications and Execution of Warrants) Regulations 2010

Execution of warrants - contents of appropriate statement

3.—(1) An appropriate statement which is given under paragraph 6 of Schedule 3B (execution of warrants) must contain the following information—

(a) a statement that the investigator is authorised by the Authority to act for the purposes of paragraph 5 of Schedule 3B (entry and search in connection with a suspected offence);

(b) a statement that the person to whom the appropriate statement is given may require the investigator to produce evidence of the investigator’s identity and authorisation;

(c) a statement that the investigator is entitled, if need be, to enter the premises by force;

(d) a description of the investigator’s powers under paragraphs 7(2) to (4) of Schedule 3B (seizure in the course of inspection or search) to seize anything on the premises;

(e) a description of the requirement under paragraph 7(5) of Schedule 3B, where anything is seized, for the investigator to leave on the premises a statement giving particulars of what the investigator has seized and stating that the investigator has seized it;

(f) a description of the investigator’s powers under paragraph 8 of Schedule 3B (supplementary provision)—

(i) to bring such other persons and equipment as the investigator reasonably considers necessary;

(ii) to inspect equipment;

(iii) to inspect and take copies of records;

(iv) to observe the carrying on of licensed activity on the premises, where applicable;

(v) to require any person to afford such facilities and assistance with respect to matters under that person’s control as are necessary to enable the power of entry, inspection or search to be exercised;

(g) a description of the requirement under paragraph 9(2) of Schedule 3B for the investigator to prepare a written report of the search and to give a copy of the report to the appropriate person(1) if requested to do so;

(h) a statement that it is an offence under paragraph 10 of Schedule 3B (enforcement) for a person—

(i) to fail without reasonable excuse to comply with a requirement under paragraph 8(3) of Schedule 3B(2); or

(ii) intentionally to obstruct the exercise of any right under Schedule 3B.

(2) In this regulation—

“Schedule 3B” means Schedule 3B to the 1990 Act; and

“investigator” means a person who is a duly authorised person for the purposes of paragraph 5 of Schedule 3B and who is executing a warrant issued under that paragraph.

(1)

The “appropriate person” is defined in paragraph 9(3) of Schedule 3B and means, in relation to licensed premises, the person responsible, and in any other case, the occupier.

(2)

Paragraph 8(3) confers power to require a person to afford such facilities and assistance with respect to matters under that person’s control as are necessary to enable the power of entry, inspection or search to be exercised.