PART 5Compliance monitoring
Powers of entry, etc.47.
(1)
A Regulator or an authorised person may—
(a)
enter any premises with a warrant issued in accordance with article 48, together with any equipment or material as may be requiredF1,
(b)
when entering premises by virtue of sub-paragraph (a)—
(i)
be accompanied by an authorised person and, if considered appropriate, a constableF1,
(ii)
direct that any part of the premises be left undisturbed for so long as may be necessaryF1,
(c)
require any person believed to be able to give information relevant to an examination or investigation—
(i)
to attend at a place and time specified by the Regulator or authorised personF1,
(ii)
to answer questions, in the absence of any person other than those whom the Regulator or authorised person allows to be present and a person nominated by the person being asked questionsF1,
(iii)
to sign a declaration of truth of the answers given by that personF1,
(d)
require the production of—
(i)
records required to be kept under this OrderF1,
(ii)
other records which the Regulator or authorised person considers it necessary to see for the purpose of an examination or investigationF1,
(iii)
entries in a record referred to in this sub-paragraphF1,
(e)
inspect and take copies of the records and entries referred to in sub-paragraph (d).
(2)
The powers in paragraph (1) may only be exercised where the Regulator or an authorised person reasonably believes that there has been a failure to comply with the requirements of this Order.
(3)
Except to the extent agreed by the person in control of a place or premises, the powers referred to in paragraph (1) do not apply in relation to—
(b)
any other premises to which the Crown restricts access on the ground of national security.
(4)
It is an offence for a person—
(a)
to fail to comply with a requirement imposed pursuant to this articleF1, or
(b)
to prevent any other person from—
(i)
appearing before a Regulator or an authorised personF1, or
(ii)
answering a question to which the Regulator or authorised person requires an answer.
(5)
A person guilty of an offence under paragraph (4) is liable—
(a)
on summary conviction in England and Wales, to a fineF1,
(b)
on summary conviction in Scotland or in Northern Ireland, to a fine not exceeding the statutory maximumF1,
(c)
on conviction on indictment, to a fine.