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SCHEDULES

SCHEDULE 5U.K.Investigatory powers etc.

Modifications etc. (not altering text)

C1Sch. 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))

C2Sch. 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)

C3Sch. 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 4U.K.Further powers exercisable by domestic enforcers and [F1[F2authorised] enforcers]

Power to break open container etcU.K.

31(1)The officer may, for the purpose of exercising any of the powers in paragraphs 28 to [F330A], require a person with authority to do so toβ€”U.K.

(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 [F430A]β€”

(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 β€œcontainer” means anything in which goods may be stored.

Textual Amendments

F3Word in Sch. 5 para. 31(1) substituted (26.5.2021) by Medicines and Medical Devices Act 2021 (c. 3), ss. 41(2)(e)(i), 50(3); S.I. 2021/610, reg. 2(c) (with reg. 3)

F4Word in Sch. 5 para. 31(2) substituted (26.5.2021) by Medicines and Medical Devices Act 2021 (c. 3), ss. 41(2)(e)(ii), 50(3); S.I. 2021/610, reg. 2(c) (with reg. 3)

Modifications etc. (not altering text)

C5Sch. 5 para. 31 applied (25.8.2020) by Birmingham Commonwealth Games Act 2020 (c. 10), s. 33, Sch. 3 para. 4 (with Sch. 3 para. 8)

Commencement Information

I1Sch. 5 para. 31 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I2Sch. 5 para. 31 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I3Sch. 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)