SCHEDULES
C1C2C3SCHEDULE 5Investigatory powers etc.
Sch. 5 applied (with modifications) (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), reg. 1, Sch. 10 para. 3 (with regs. 3-5, 77)
Sch. 5: power to amend conferred (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 180(3)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
PART 4Further powers exercisable by domestic enforcers and F1Schedule 13 enforcers
Words in Sch. 5 Pt. 4 heading substituted (31.12.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 4(7) (with reg. 9) (as amended by S.I. 2020/1347, regs. 1(3), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)
Power to seize and detain goods
I1I2I328
1
The officer may seize and detain goods other than documents (for which see paragraph 29).
2
An officer seizing goods under this paragraph from premises which are occupied must produce evidence of the officer's identity and authority to an occupier of the premises before seizing them.
3
The officer need not comply with sub-paragraph (2) if it is not reasonably practicable to do so.
4
An officer seizing goods under this paragraph must take reasonable steps to—
a
inform the person from whom they are seized that they have been seized, and
b
provide that person with a written record of what has been seized.
5
If, under this paragraph, an officer seizes any goods from a vending machine, the duty in sub-paragraph (4) also applies in relation to—
a
the person whose name and address are on the vending machine as the owner of the machine, or
b
if there is no such name and address on the machine, the occupier of the premises on which the machine stands or to which it is fixed.
6
In determining the steps to be taken under sub-paragraph (4), an officer exercising a power under this paragraph in England and Wales or Northern Ireland must have regard to any relevant provision about the seizure of property made by—
a
a code of practice under section 66 of the Police and Criminal Evidence Act 1984, or
b
a code of practice under Article 65 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12)),
(as the case may be).
7
Goods seized under this paragraph (except goods seized for a purpose mentioned in paragraph 19(5)(b)) may not be detained—
a
for a period of more than 3 months beginning with the day on which they were seized, or
b
where the goods are reasonably required to be detained for a longer period by the enforcer for a purpose for which they were seized, for longer than they are required for that purpose.
Sch. 5 applied (with modifications) (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091), reg. 1, Sch. 7 para. 3 (with regs. 74, 75(5))