SCHEDULE 6Powers of enforcement
PART 3Local (consumer safety) authorities
SECTION 1Powers of entry
1
An authorised person may at any reasonable hour and on production, if required, of that person’s credentials exercise any of the powers conferred by the following provisions of this section.
2
An authorised person may, for the purposes of ascertaining whether there has been any contravention of a listed REACH provision, inspect any goods and enter any premises other than premises occupied only as a person’s residence.
3
An authorised person may, for the purpose of ascertaining whether there has been any contravention of a listed REACH provision, examine any procedure (including any arrangements for carrying out a test) connected with the production of any goods.
4
If an authorised person has reasonable grounds for suspecting that there has been a contravention of a listed REACH provisions, the authorised person may—
a
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 goods;
c
take copies of, or of any entry in, any records produced by virtue of sub-paragraph (a).
5
An authorised person may seize and detain any goods or records which the authorised person has reasonable grounds for believing may be required as evidence in proceedings for any offence in respect of a contravention of a listed REACH provision.
6
If and to the extent that it is reasonably necessary to prevent a contravention of a listed REACH provision, the authorised person may—
a
require any person having authority to do so to open any container or to open any vending machine; and
b
open or break open any such container or machine where a requirement made under sub-paragraph (a) in relation to the container or machine has not been complied with.
7
An authorised person seizing any goods or records under this Part must inform the following persons that the goods or records have been so seized, that is to say—
a
the person from whom they are seized; and
b
in the case of imported goods seized on any premises under the control of the Commissioners for Revenue and Customs, the importer of those goods (within the meaning of the Customs and Excise Management Act 197961).
8
If a justice of the peace—
a
is satisfied by any written information on oath that there are reasonable grounds for believing either—
i
that any goods or records which any authorised person has power to inspect under this Part are on any premises and that their inspection is likely to disclose evidence that there has been a contravention of a listed REACH provision; or
ii
that such a contravention has taken place, is taking place or is about to take place on any premises; and
b
is also satisfied by any such information either—
i
that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under this section has been given to the occupier; or
ii
that an application for admission, or the giving of such a notice, would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await the occupier’s return,
the justice may by warrant, which shall continue in force for a period of one month, authorise any authorised person to enter the premises, if need be by force.
9
An authorised person entering any premises by virtue of this section may be accompanied by such other persons and may take such equipment as may appear to the authorised person to be necessary.
10
On leaving any premises which an authorised person is authorised to enter by a warrant under this section, that person must, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against trespassers as the authorised person found them.
11
Where any goods seized by an authorised person under this Part are submitted to a test, the authorised person must inform the persons mentioned in paragraph 7 of the result of the test and, if—
a
proceedings are brought for an offence in respect of a contravention of a listed REACH provision; and
b
the authorised person is requested to do so and it is practicable to comply with the request,
the authorised person must allow any person who is a party to the proceedings or, as the case may be, has an interest in the goods to which the notice relates, to have the goods tested.
12
In the application of this section to Scotland, the reference in paragraph 8 to a justice of the peace includes a reference to a sheriff and the references to written information on oath include references to evidence on oath.
13
In the application of this section to Northern Ireland, the reference in paragraph 8 to a justice of the peace includes a reference to a lay magistrate and references to any information on oath include references to any complaint on oath.