Investigation, etc. of suspected vehiclesU.K.
8.—(1) Where any authorised officer or authorised person has reason to suspect that any vehicle in the United Kingdom has been or is being or is about to be used in contravention of article 4(1)—
(a)the authorised officer or authorised person may (either alone or accompanied and assisted by persons under his or her authority) enter the vehicle and search it and, for that purpose, may use or authorise the use of reasonable force;
(b)the authorised officer or authorised person may request the operator and the driver of the vehicle or either of them to furnish such information relating to the vehicle and any goods contained in it and produce for his or her inspection such documents so relating and such goods as he or she may specify; and
(c)any authorised officer or authorised person may (either there and then or upon consideration of any information furnished or document or goods produced in pursuance of a request made under sub-paragraph (b)) further request the operator or the driver to cause the vehicle and any goods contained in it to remain in the United Kingdom until notified that the vehicle may depart.
(2) Without prejudice to the provisions of article 9(3), where any authorised officer or authorised person has reason to suspect that any request that has been made under paragraph (1)(c) may not be complied with, he or she may take such steps as appear to him or her to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose—
(a)enter, or authorise entry, upon any land and enter, or authorise entry of, that vehicle;
(b)detain, or authorise the detention of, that vehicle and any goods contained in it; and
(c)use, or authorise the use of, reasonable force.
(3) Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his or her authority.
(4) In this article—
“authorised officer” means any officer of Revenue and Customs;
“authorised person” means any person authorised by the Secretary of State for the purpose of this article either generally or in a particular case.
Commencement Information
I1Art. 8 in force at 10.4.2009, see art. 1(1)