C4C6 Part IV Enforcement of Parts II and III
Pt. IV applied in part (with modifications) (20.5.2016) by The Tobacco and Related Products Regulations 2016 (S.I. 2016/507), regs. 1(2), 53(3)
C1C5C8C7C11C10C9C12C13C14C15C1629 Powers of search etc.
C21
Subject to the following provisions of this Part, a duly authorised officer of an enforcement authority may at any reasonable hour and on production, if required, of his credentials exercise F2the power conferred by subsection (4).
F3C22
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F4C23
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C3C24
If the officer has reasonable grounds for suspecting that any goods are manufactured or imported goods which have not been supplied in the United Kingdom since they were manufactured or imported he may—
a
for the purpose of ascertaining whether there has been any contravention of any safety provision in relation to the goods, require any person carrying on a business, or employed in connection with a business, to produce any records relating to the business;
b
for the purpose of ascertaining (by testing or otherwise) whether there has been any such contravention, seize and detain the goods;
c
take copies of, or of any entry in, any records produced by virtue of paragraph (a) above.
F5C3C25
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F6C36
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C27
If and to the extent that it is reasonably necessary to do so to prevent a contravention of any safety provision F1... , the officer may, for the purpose of exercising his power under subsection (4) F7... above to seize any goods F8... —
a
require any person having authority to do so to open any container or to open any vending machine; and
b
himself open or break open any such container or machine where a requirement made under paragraph (a) above in relation to the container or machine has not been complied with.
F98
The officer may not exercise a power under this section to secure the disclosure by a telecommunications operator or postal operator of communications data without the consent of the operator.
9
In subsection (8) “communications data”, “postal operator” and “telecommunications operator” have the same meanings as in the Investigatory Powers Act 2016 (see sections 261 and 262 of that Act).
Pt. IV (ss. 27-35) applied (1.1.1993) by S.I. 1992/3139, reg. 3(2)(c) (which said S.I. 1992/3139 was revoked (15.5.2002) by S.I. 2002/1144, reg. 1(2), Sch. 11 para. 1)