The Act
Overview
Part 1: Non-surgical Procedures
Section 7: Powers of entry, search and seizure
59.This section sets out the circumstances in which an authorised person may enter and search premises for the purpose of ascertaining whether or not an offence under section 2 or 3 of the Act has been or is being committed.
60.Firstly, the authorised person must have reasonable grounds to believe that either—
an offence under section 2 or 3 of the Act has been or is being committed at the premises, or
the premises have been or are being used in connection with an offence under section 2 or 3 of the Act.
61.An example of premises that are used in connection with an offence are premises that are a lock-up or store containing evidence such as paperwork, electronic devices, medicines or equipment which may provide information or evidence relating to an offence under section 2 or 3 of the Act.
62.Secondly, the authorised person must have authority due to permission having been given by the occupier or a warrant having been granted or, where the premises are not used as a dwelling, it appears to the authorised person that any delay would frustrate the purpose of exercising the powers.
63.Subsection (5) allows an authorised person to seize any thing found on the premises but only if the authorised person has reasonable cause to believe that it may provide evidence of the commission of an offence under section 2 or 3 of the Act.
64.Subsection (6) allows an authorised person to take onto or into any premises any other person or any equipment as may be necessary for the purposes of assisting the authorised person. For example, this could be a locksmith in order to gain access.
65.Subsection (7) requires the occupier of the premises to comply with any reasonable direction of the authorised person (including the provision of any information or assistance that is reasonably required by the authorised person) and section 11 creates an offence in connection with any failure to comply with such a direction or request for information.
66.Subsection (8) provides that an authorised person’s powers under section 7 do not apply in relation to any premises that are used (or which HIS believes are being used) for the purpose of providing an independent health care service (as defined in section 10F(1) of the 1978 Act). This avoids duplication and overlap with HIS’s existing powers of enforcement under Part 1 of the 1978 Act – see, in particular, section 10K(3) of that Act. Subsection (8) does not affect the powers of the police who retain their usual powers to enforce the offences in the Act.
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