Enforcement powers: further provision
438.Section 87 sets out how an authorised person entering premises under the power in sections 85 or under a warrant under section 86 should act. The amendment also creates an offence around failure to comply with or obstructing an authorised person. The maximum penalty on summary conviction would be a fine not exceeding the statutory maximum, and on conviction on indictment the maximum penalty would be an unlimited fine.
439.The effect of section 87 is that the warrant can only be enforced at a reasonable time of day and that the person seeking entry should produce evidence of identity and authorisation if requested. The authorised person is enabled to take other persons and material and equipment as required when exercising their powers under the warrant. If the authorised person has to take anything from the premises in exercising their enforcement powers, they must leave on the premises a statement of what has been taken and by whom. Where premises are unoccupied they have to leave the premises as effectively secured as they found them.
