The Energy Information Regulations 2011

Regulation 6(b)

SCHEDULE 2 U.K. Powers of entry and warrants

Power to enter premises E+W+S

1.—(1) An authorised person may enter premises, except any premises used wholly or mainly as a private dwelling house, at any reasonable hour for the purpose of enforcing [F1 these Regulations, the EU Energy Labelling Regulation and RAMS].

(2) An authorised person must, if requested to do so, produce a duly authenticated authorisation document.

(3) An authorised person may—

[F2 (a) be accompanied by such other persons as the authorised person considers necessary; and]

(b) bring on to the premises such equipment as the authorised person considers necessary.

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F1 Words in Sch. 2 para. 1 substituted (29.3.2018) by The Energy Information (Amendment) Regulations 2018 (S.I. 2018/255), regs. 1, 11(a)

F2 Sch. 2 para. 1(3)(a) substituted (E.W.S.) (31.12.2020) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 3 para. 7; 2020 c. 1, Sch. 5 para. 1(1)

Power to enter premises N.I.

1.—(1) An authorised person may enter premises, except any premises used wholly or mainly as a private dwelling house, at any reasonable hour for the purpose of enforcing [F9 these Regulations, the EU Energy Labelling Regulation and RAMS].

(2) An authorised person must, if requested to do so, produce a duly authenticated authorisation document.

(3) An authorised person may—

(a) be accompanied by—

(i) such other persons as the authorised person considers necessary,

(ii) any representative of the European Commission; and

(b) bring on to the premises such equipment as the authorised person considers necessary.

Extent Information

E2 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F9 Words in Sch. 2 para. 1 substituted (29.3.2018) by The Energy Information (Amendment) Regulations 2018 (S.I. 2018/255), regs. 1, 11(a)

Power to inspect, seize and detain products etc. U.K.

2.—(1) An authorised person may—

(a) in order to ascertain if there has been a breach of [F3 these Regulations, of the EU Energy Labelling Regulation or of RAMS], inspect any products, goods, records, documents or information;

(b) in order to ascertain if there has been a breach of [F3 these Regulations, of the EU Energy Labelling Regulation or of RAMS], require any person carrying on or employed in connection with a business to produce any products, goods, records, documents or information and take copies of—

(i) any document or record; or

(ii) any entry in any document or record;

(c) in order to ascertain by testing or otherwise if there has been a breach of [F3 these Regulations, of the EU Energy Labelling Regulation or of RAMS], and reasonably suspecting such breach, seize and detain any products, goods, records, documents or information;

(d) seize and detain any products, goods, records, documents or information which may be required as evidence in any proceedings under [F4 these Regulations, the EU Energy Labelling Regulation or RAMS];

(e) for the purposes of exercising any powers or duties under [F4 these Regulations, the EU Energy Labelling Regulation or RAMS], but only if and to the extent reasonably necessary in order to secure that the provisions of [F4 these Regulations, the EU Energy Labelling Regulation or RAMS] are observed, require any person having authority to do so to break open any container and, if that person does not comply or if there is no person present having authority to open it, break it open using reasonable force.

(2) An authorised person may require information stored electronically to be made available in printed form.

(3) An authorised person entering any premises whether under a power of entry under paragraph 1 or under a warrant under paragraph 3 must, if the occupier is present, give to the occupier or, if the occupier is absent, leave in a prominent place a notice—

(a) summarising the authorised person’s powers of seizure and detention of products, goods, records, documents and information;

(b) disclosing at which office of the market surveillance authority and within which hours a copy of these Regulations [F5 and the EU Energy Labelling Regulation] is available to be consulted.

(4) An authorised person entering any premises which are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.

(5) An authorised person exercising any power of seizure and detention must—

(a) give to the person against whom the power has been exercised a written notice stating what has been seized and detained;

(b) detain those things only for as long as is necessary for the market surveillance authority to ascertain whether a breach of [F6 these Regulations, of the EU Energy Labelling Regulation or of RAMS] has occurred and if required present the evidence at court.

Textual Amendments

F3 Words in Sch. 2 para. 2(1) substituted (29.3.2018) by The Energy Information (Amendment) Regulations 2018 (S.I. 2018/255), regs. 1, 11(b)(i)

F4 Words in Sch. 2 para. 2(1) substituted (29.3.2018) by The Energy Information (Amendment) Regulations 2018 (S.I. 2018/255), regs. 1, 11(b)(ii)

F5 Words in Sch. 2 para. 2(3)(b) inserted (29.3.2018) by The Energy Information (Amendment) Regulations 2018 (S.I. 2018/255), regs. 1, 11(c)

F6 Words in Sch. 2 para. 2(5)(b) substituted (29.3.2018) by The Energy Information (Amendment) Regulations 2018 (S.I. 2018/255), regs. 1, 11(d)

Warrants U.K.

3.—(1) A justice of the peace may by signed warrant permit an authorised person or any other person to enter any premises in the exercise of the powers and duties under [F7 these Regulations, the EU Energy Labelling Regulation or Article 19 of RAMS], if necessary by reasonable force, if the justice in England and Wales on sworn information in writing, in Northern Ireland on a complaint on oath, or in Scotland by evidence on oath is satisfied—

(a) that there are reasonable grounds to enter those premises for the purposes of enforcing [F8 these Regulations, the EU Energy Labelling Regulation and RAMS]; and

(b) that any of the conditions in paragraph 4 is met.

(2) Reference to a justice of the peace—

(a) in Scotland includes a sheriff;

(b) in Northern Ireland is a reference to a lay magistrate.

Textual Amendments

F7 Words in Sch. 2 para. 3(1) substituted (29.3.2018) by The Energy Information (Amendment) Regulations 2018 (S.I. 2018/255), regs. 1, 11(e)(i)

F8 Words in Sch. 2 para. 3(1)(a) substituted (29.3.2018) by The Energy Information (Amendment) Regulations 2018 (S.I. 2018/255), regs. 1, 11(e)(ii)

Conditions for warrants U.K.

4.  The conditions are—

(a) entry to the premises has been, or is likely to be, refused and notice of the intention to apply for a warrant has been given to the occupier;

(b) asking for admission to the premises, or giving such a notice, would defeat the object of the entry;

(c) entry is required urgently;

(d) the premises are unoccupied or the occupier is temporarily absent.

Duration of warrant U.K.

5.  A warrant under paragraph 3 is valid for one month.