SCHEDULES

SCHEDULE 5 U.K.Investigatory powers etc.

Modifications etc. (not altering text)

C1 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))

C2 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)

C3 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 4 U.K.Further powers exercisable by domestic enforcers and [F1 Schedule 13 enforcers]

Textual Amendments

F1 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 U.K.

28 (1) The officer may seize and detain goods other than documents (for which see paragraph 29). U.K.

(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.

Commencement Information

I1 Sch. 5 para. 28 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I2 Sch. 5 para. 28 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I3 Sch. 5 para. 28 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)