SCHEDULES
SCHEDULE 5

Investigatory powers etc.
PART 4

Further powers exercisable by domestic enforcers and EU enforcers

Power to break open container etc
31
1
The officer may, for the purpose of exercising any of the powers in paragraphs 28 to 30, require a person with authority to do so to—
a
break open any container,
b
open any vending machine, or
c
access any electronic device in which information may be stored or from which it may be accessed.
2
Where a requirement under sub-paragraph (1) has not been complied with, the officer may, for the purpose of exercising any of the powers in paragraphs 28 to 30—
a
break open the container,
b
open the vending machine, or
c
access the electronic device.
3
Sub-paragraph (1) or (2) applies if and to the extent that the exercise of the power in that sub-paragraph is reasonably necessary for the purposes for which that power may be exercised.
4
In this paragraph “container” means anything in which goods may be stored.
Sch. 5 para. 31 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)
Sch. 5 para. 31 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)
Sch. 5 para. 31 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)
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))