Section 28: Enforcement: power of entry
67.This section gives a constable, or enforcement officer designated by the ODA, the power to enter premises on which they reasonably believe a contravention of the regulations is occurring. Officers may remove and retain any offending articles (either something being sold or something containing items for sale) for as long as its removal is justified by a need to:
End a contravention of regulations made under section 25,
Prevent a future contravention of the regulations,
Enable an article to be used in evidence in proceedings for an offence under section 27, or
Enable the article to be forfeited where the article has been used for the purpose of committing an offence.
68.Subsection (6) provides for the Secretary of State to make regulations for a compensation scheme for damage caused by enforcement activities under section 28, although a person who is responsible for a contravention will not be eligible for compensation.
