SCHEDULE 2

Licences and compliance: further provision

Powers of entry etc.: further provision
6
1
A person entitled to enter premises by virtue of the power mentioned in paragraph 5(2)(a)—
a
may take on to the premises such other persons and such equipment as may be necessary; but this is, where that power is exercisable under a warrant, subject to the terms of the warrant; and
b
must, if required to do so, produce written evidence of that entitlement.
2
A person who enters premises in the exercise of the power mentioned in paragraph 5(2)(a) must leave the premises as effectually secured against trespassers as the person found them.
3
Where a person exercises the power mentioned in paragraph 5(2)(a), the Commission is to make full compensation to any person who has sustained loss or damage by reason of—
a
the exercise that power; or
b
the carrying out of, or failure to carry out, the duty imposed by sub-paragraph (2),
except in so far as the loss or damage is attributable to the fault of the person who sustained it.
4
Any person who makes use of or discloses any trade secret of which the person has gained knowledge as a result of the exercise of any power conferred by paragraph 5(1) and (2) is guilty of an offence.
5
Any person who—
a
intentionally obstructs a person acting in the exercise of any power conferred by paragraph 5(1) and (2); or
b
refuses or fails, without reasonable excuse, to comply with a requirement made under paragraph 5(5),
is guilty of an offence.
6
A person who is guilty of an offence under sub-paragraph (4) or (5) is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine.
Sch. 2 para. 6 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.