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The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) Order 2021

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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 required[F1,]

(b)when entering premises by virtue of sub-paragraph (a)—

(i)be accompanied by an authorised person and, if considered appropriate, a constable[F1,]

(ii)direct that any part of the premises be left undisturbed for so long as may be necessary[F1,]

(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 person[F1,]

(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 questions[F1,]

(iii)to sign a declaration of truth of the answers given by that person[F1,]

(d)require the production of—

(i)records required to be kept under this Order[F1,]

(ii)other records which the Regulator or authorised person considers it necessary to see for the purpose of an examination or investigation[F1,]

(iii)entries in a record referred to in this sub-paragraph[F1,]

(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—

(a)a prohibited place [F2within the meaning of Part 1 of the National Security Act 2023] [F1,] or

(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 article[F1,] or

(b)to prevent any other person from—

(i)appearing before a Regulator or an authorised person[F1,] 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 fine[F1,]

(b)on summary conviction in Scotland or in Northern Ireland, to a fine not exceeding the statutory maximum[F1,]

(c)on conviction on indictment, to a fine.

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