Articles 30(5), 32(8), 36(1)(b) and 46(2) and (5).
1.—(1) An inspector may, on production if so requested of his credentials, at all reasonable times—
(a)enter any premises (except premises used only as a private dwelling) as to which he has reasonable cause to believe that packages are made up on the premises or that imported packages belonging to the importer of them are on the premises or that relevant packages intended for sale are on the premises;
(b)inspect and test any equipment which he has reasonable cause to believe is used in making up packages in the United Kingdom or in carrying out a check mentioned in Article 31(9) and (10);
(c)inspect, and measure in such manner as he thinks fit, anything which he has reasonable cause to believe is or contains or is contained in a package and, if he considers it necessary to do so for the purpose of inspecting the thing or anything in it, break it open;
(d)inspect and take copies of, or of anything purporting to be, a record, document or certificate mentioned in Article 31(6) to (11);
(e)require any person on premises which the inspector is authorised to enter by virtue of head ( a) to provide such assistance as the inspector reasonably considers necessary to enable the inspector to exercise effectively any power conferred on him by heads ( a) to ( d);
(f)require any person to give to the inspector such information as the person possesses about the name and address of the packer and of any importer of a package which the inspector finds on premises he has entered by virtue of this sub-paragraph or paragraph 2.
(2) F1An inspector may serve, on any person carrying on business as the packer or importer of packages a notice requiring the person—
(a)to furnish the inspector with particulars of the kind specified in the notice of any marks which, otherwise than in pursuance of Article 31(5)( c), are applied to packages made up in that area by the person or, as the case may be, to packages imported by him, for the purpose of enabling the place where the packages were made up to be ascertained; and
(b)if the person has furnished particulars of a mark in pursuance of the notice and the mark ceases to be applied for the purpose aforesaid to such packages as aforesaid, to give notice of the cesser to the inspector;
but a notice given by an inspector in pursuance of this sub-paragraph shall not require a person to furnish information which the person does not possess.
F1mod. SR 1990/410
2. Where a justice of the peace, is satisfied by complaint in writing and on oath—
(a)that there is reasonable ground to believe that a package or a thing containing a package or that any such equipment, record, document or certificate as is mentioned in sub-paragraph (1) of paragraph 1 is on any premises or that an offence under Article 32 is being or is about to be committed on any premises; and
(b)either—
(i)that admission to the premises has been refused or that a refusal is apprehended and that notice of the intention to apply for a warrant has been given to the occupier, or
(ii)that an application for admission or the giving of such a notice would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await his return,
he may issue a warrant under his hand, which shall continue in force for a period of one month, authorising an inspector to enter the premises, if need be by force.
3.—(1) An inspector entering any premises by virtue of paragraph 1 or 2 may take with him such other persons and such equipment as he considers necessary.
(2) An inspector who leaves premises which he has entered by virtue of paragraph 2 and which are unoccupied or of which the occupier is temporarily absent shall leave the premises as effectively secured against trespassers as he found them.
4. Where an inspector has reasonable cause to believe that an offence under Article 32 or 34 or this Schedule has been committed and that any equipment, record, document, package or thing containing or contained in a package may be required as evidence in proceedings for the offence he may seize it and detain it for as long as it is so required.
5.—(1) The Department may purchase goods, and may authorise any of its officers to purchase goods on behalf of the Department, for the purpose of ascertaining whether an offence under Article 32 or 34(2) has been committed.
(2) F2If an inspector breaks open a package in pursuance of paragraph 1(1)( c) otherwise than on premises occupied by the packer or importer of the package and the package is not inadequate, the inspector shall, if the owner of the package requests him to do so, buy the package on behalf of the Department.
F2mod. SR 1990/410
6. F3A person who wilfully obstructs an inspector acting in pursuance of this Schedule or Part VI or who without reasonable cause fails to comply with a requirement made of him in pursuance of paragraph 1(1)( e) or ( f) or 1(2) shall be guilty of an offence.
F3mod. SR 1990/410