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Public Health (Wales) Act 2017

Section 88 - Powers of inspection etc.

177.Once an authorised officer has gained entry to premises, they may undertake inspections and examinations for the purposes of the local authority’s functions in relation to special procedures. This may include inspecting and examining the premises, viewing and retaining closed-circuit television records and obtaining copies of documents, such as procedure records and consent documents. The authorised officer may also require the production of or take possession of anything and retain it for as long as the officer considers necessary for the purpose of exercising the authority’s functions. In this instance, however, the officer must leave a statement at the premises containing the particulars of what has been taken, and identify the person to whom a request for the return of the property may be made.

178.The authorised officer may also require any person to provide them with information, or afford facilities and assistance with respect to matters within the person’s control. This may include providing an account of events, or supplying information that is stored on a computer or other device. However, a person is not required to answer any question or produce any document which they would be entitled to refuse to answer or produce during proceedings in a court in England and Wales. This section also applies to a vehicle.

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Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Welsh Parliament.


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