The Construction Products Regulations 1991

Powers of search, etc.

17.—(1) 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 any of the powers conferred by the following provisions of this regulation.

(2) The officer may, for the purpose of ascertaining whether there has been any contravention of any provision of Part II, inspect any construction products and enter any premises other than premises occupied only as a person’s residence.

(3) The officer may, for the purpose of ascertaining whether there has been any contravention of any provision of Part II, examine any procedure (including any arrangements for carrying out a test) connected with the production of any construction products.

(4) If the officer has reasonable grounds for suspecting that there has been a contravention in relation to any construction products of any provision of Part II, he may–

(a) for the purpose of ascertaining whether there has been any such contravention, 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 products;

(c) take copies of, or of an entry in, any records produced by virtue of subparagraph (a) above.

(5) The officer may seize and detain–

(a) any construction products or records which he has reasonable grounds for believing may be required as evidence in proceedings for an offence under any provision of Part II;

(b) any construction products which he has reasonable grounds for suspecting may be liable to be forfeited under regulation 12 or 13.

(6) If and to the extent that it is reasonably necessary to do so to prevent a contravention of any provision of Part II, the officer may, for the purpose of exercising his power under paragraph (4) or (5) above to seize any construction products or records–

(a) require any person having authority to do so to open any container; and

(b) himself open or break open any such container where a requirement made under sub-paragraph (a) above in relation to the container has not been complied with.