Gambling Act 2005

317 Powers E+W+S

(1) A constable, enforcement officer or authorised person exercising a power under or by virtue of this Part to enter premises may—

(a) inspect any part of the premises and any machine or other thing on the premises;

(b) question any person on the premises;

(c) require access to any written or electronic record which is kept on the premises;

(d) require to be supplied with a copy, in such form as he directs, of an entry in a written or electronic record which is kept on the premises;

(e) remove and retain anything if he reasonably believes that it constitutes or contains evidence of—

(i) the commission of an offence under this Act, or

(ii) the breach of a term or condition of a licence issued under this Act;

(f) remove and retain anything if he reasonably believes that it is being used or has been used in the commission of an offence under this Act.

(2) The Secretary of State may by regulations make provision about the treatment of —

(a) copies supplied under subsection (1)(d), and

(b) things removed under subsection (1)(e) or (f).

(3) Regulations under subsection (2) may, in particular, make provision—

(a) about the retention, use, return, disposal or destruction of anything supplied or removed;

(b) conferring a right of appeal.

(4) The Secretary of State may by regulations make provision about the procedure to be followed in the exercise of a power under this section.

(5) Nothing in this Part authorises action to be taken in England and Wales in respect of anything of a kind specified in section 9(2) of the Police and Criminal Evidence Act 1984 (c. 60) (legally privileged material, &c.).

(6) A person exercising a power under or by virtue of this Part shall have regard to any relevant provision of a code of practice under that Act (and guidance under section 25 may refer to a provision of a code).

(7) Subsection (6) does not apply as respects the exercise of a power in relation to Scotland.

Commencement Information

I1 S. 317 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)