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The Nuclear Security (Secretary of State Security Directions) Regulations 2018

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Regulations 2 and 8

SCHEDULEPowers which may be exercised by enforcement officers

This schedule has no associated Explanatory Memorandum

Power of entry

1.  An enforcement officer may, if authorised, enter any premises which that officer has reason to believe it is necessary to enter for the purpose of enforcing these Regulations—

(a)at any reasonable time, or

(b)at any time, if, in the enforcement officer’s opinion, there is or may be an imminent threat to security owing to a responsible person’s failure to comply with a security direction or further direction.

2.—(1) The power of entry mentioned in paragraph 1 may be exercised in relation to domestic premises only—

(a)in accordance with a warrant issued by a justice of the peace (or in Scotland, a sheriff); or

(b)in a situation which, in the enforcement officer’s opinion, presents or may present an imminent threat to security.

(2) For the purposes of this paragraph, “domestic premises” means premises used wholly or mainly as a private dwelling.

Power to take persons and equipment onto premises

3.  In exercising the power of entry mentioned in paragraph 1, an enforcement officer may—

(a)be accompanied—

(i)by any person approved by the Secretary of State for the purpose; and

(ii)if the enforcement officer has reasonable cause to expect any serious obstruction in the exercise of any of that officer’s powers, by a constable; and

(b)take along any equipment or materials required for any purpose for which the enforcement officer is exercising the power of entry.

Power to deal with cause of imminent threat to security

4.—(1) Where an enforcement officer finds any article or substance on relevant premises in circumstances in which the officer has reasonable cause to believe it poses an imminent threat to security, the enforcement officer may, if authorised, do any of the following—

(a)seize the article or substance;

(b)cause it to be made harmless or the risk of harm from it to be reduced (in either case, by destruction or otherwise);

(c)for the purpose mentioned in paragraph (b), seize any other article or substance.

(2) Before any article that forms part of a batch of similar articles, or any substance, is dealt with under sub-paragraph (1)(b), the enforcement officer must, if it is practicable—

(a)take a sample, and

(b)give a portion of the sample, marked so as to be identifiable, to a person in authority at the premises.

(3) As soon as practicable after seizing or dealing with any article or substance under sub-paragraph (1), the enforcement officer must make and sign a written report setting out the circumstances in which the article or substance was so seized or dealt with.

(4) The enforcement officer must give a signed copy of the report to a person in authority at the premises.

(5) If the person to whom the enforcement officer gives the report is not the owner of the article or substance, the enforcement officer must also—

(a)give a signed copy of the report to the owner, or

(b)if that is not possible because the enforcement officer cannot find out the owner’s name or address after making reasonable enquiries, give a further signed copy of the report to the person in authority referred to in sub-paragraph (4).

(6) In the case of a report in electronic form, any signature required on the report or a copy of it may be an electronic signature (within the meaning given in section 7(2) of the Electronic Communications Act 2000)(1).

Powers exercisable in relation to particular articles or substances or in particular circumstances

5.—(1) An enforcement officer may, if authorised, cause any article in relevant premises—

(a)to be dismantled;

(b)to be tested;

(c)to have any other process applied to it.

(2) An enforcement officer may, if authorised, cause any substance in relevant premises—

(a)to be tested;

(b)to have any other process applied to it.

(3) The enforcement officer may exercise the powers in sub-paragraphs (1) and (2) only if it appears to that officer—

(a)that the article or substance has caused, or is likely to cause, danger to security; or

(b)that it is desirable to do so in the interests of security.

(4) Before exercising a power in this paragraph, the enforcement officer must consult anyone whom that officer considers it appropriate to consult about the dangers (if any) of what is proposed.

(5) Anything done to the article or substance under this paragraph must not damage or destroy it unless in the circumstances that is unavoidable.

(6) If requested by a person who has responsibilities in relation to the relevant premises, and is on the premises, the enforcement officer must allow anything done to the article or substance under this paragraph to be done in that person’s presence, unless the enforcement officer considers it would be prejudicial to security.

6.—(1) An enforcement officer may, if authorised, take possession of any article or substance found on relevant premises and retain it for as long as necessary—

(a)for it to be examined;

(b)for anything to be done to it which the enforcement officer may cause to be done under paragraph 5;

(c)to ensure that it is not tampered with before any examination or other procedure mentioned in paragraph (a) or (b) is complete;

(d)to ensure that it is available for use in any proceedings for an offence under these Regulations.

(2) The enforcement officer may exercise that power only if it appears to that officer that it is desirable to do so in the interests of security.

(3) Before taking possession of any substance under this paragraph, the enforcement officer must, if it is practicable—

(a)take a sample of it, and

(b)give a portion of the sample, marked so as to be identifiable, to a person in authority at the premises.

(4) An enforcement officer who takes possession of any article or substance under this paragraph must—

(a)if it is practicable to do so, give a notice to that effect to a person in authority at the premises;

(b)otherwise, fix such a notice in a conspicuous position at the premises.

(5) The notice must include sufficient information about the article or substance to identify it.

Powers of examination and investigation and to take samples

7.—(1) An enforcement officer may, if authorised, carry out any examination or investigation necessary for the purpose of enforcing these Regulations and, in doing so, may—

(a)take measurements and photographs; and

(b)make recordings.

(2) An enforcement officer may, if authorised, take and deal with samples of—

(a)any article or substance found in relevant premises; or

(b)the atmosphere in or in the vicinity of relevant premises.

8.—(1) An enforcement officer may, if authorised, direct that any relevant premises, or any article or substance in them, must be left undisturbed for as long as reasonably necessary for the purposes of any examination or investigation necessary for the purpose of enforcing these Regulations.

(2) A direction under sub-paragraph (1) may relate to—

(a)parts of any relevant premises; or

(b)components of any article.

Powers to require information and documents

9.—(1) An enforcement officer may, if authorised, require any person whom the enforcement officer has reasonable cause to believe is able to give any information relevant to any examination or investigation under paragraph 7, to—

(a)answer any question the enforcement officer thinks fit; and

(b)sign a declaration of the truth of the person’s answers.

(2) Where a person required to answer questions under this paragraph has nominated another person to be present, the person may not be required to answer questions except in the presence of the nominated person.

(3) When exercising the power in this paragraph, an enforcement officer may allow another person to be present (in addition to the nominated person (if any)).

(4) No answer given by a person by virtue of this paragraph is admissible in evidence against the person, or the person’s spouse or civil partner, in any proceedings.

10.—(1) An enforcement officer may, if authorised—

(a)require any relevant documents to be produced; and

(b)inspect and take copies of (or of any information in) any relevant documents.

(2) In the case of a relevant document that consists of information held in electronic form, the enforcement officer may, if authorised—

(a)require it to be produced—

(i)in a legible form; or

(ii)in a form from which it can readily be produced in a legible form; and

(b)require access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with the relevant document.

(3) In this paragraph, “relevant document” means a record or other document which the enforcement officer needs to see for the purposes of any examination or investigation under paragraph 7.

Supplementary powers

11.  A power conferred by an enforcement officer’s instrument of appointment includes power to require any person to provide any facilities or assistance relating to matters or things—

(a)within the person’s control; or

(b)in relation to which the person has responsibilities;

which are needed in order to enable the enforcement officer to exercise the power.

12.  A power conferred by an enforcement officer’s instrument of appointment includes power to do anything incidental that is necessary for the purpose of enforcing these Regulations.

Protection for documents subject to legal professional privilege etc.

13.  An enforcement officer’s powers do not include any power to compel the production by any person of a document in respect of which—

(a)in England and Wales or Northern Ireland, a claim to legal professional privilege; or

(b)in Scotland, a claim to confidentiality of communications;

could be maintained in legal proceedings.

Interpretation

14.  In this Schedule—

“document” includes information recorded in any form;

“person in authority”, in relation to any article or substance, means a senior officer, senior employee or senior contractor at the premises on which the enforcement officer finds the article or substance;

“premises” includes any place and, in particular, includes any vehicle, ship or hovercraft;

“relevant premises”, in relation to an enforcement officer, means premises which that officer has entered—

(a)

with the consent of a person who reasonably appeared to the enforcement officer to be an appropriate person to give consent; or

(b)

in exercise of the power in paragraph 1;

“substance” means any natural or artificial substance, whether solid or liquid or in the form of a gas or vapour.

(1)

2000 c. 7. Section 7(2) was amended by S.I. 2016/696, Schedule 3, paragraph 1.

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