Trade Descriptions Act 1968

28 Power to enter premises and inspect and seize goods and documents. U.K.

(1) A duly authorised officer of a local weights and measures authority or of a Government department may, at all reasonable hours and on production, if required, of his credentials, exercise the following powers, that is to say,—

(a) he may, for the purpose of ascertaining whether any offence under this Act has been committed, inspect any goods and enter any premises other than premises used only as a dwelling;

(b) if he has reasonable cause to suspect that an offence under this Act has been committed, he may, for the purpose of ascertaining whether it has been committed, require any person carrying on a trade or business or employed in connection with a trade or business to produce any books or documents relating to the trade or business and may take copies of, or of any entry in, any such book or document;

(c) if he has reasonable cause to believe that an offence under this Act has been committed, he may seize and detain any goods for the purpose of ascertaining, by testing or otherwise, whether the offence has been committed;

(d) he may seize and detain any goods or documents which he has reason to believe may be required as evidence in proceedings for an offence under this Act;

(e) he may, for the purpose of exercising his powers under this subsection to seize goods, but only if and to the extent that it is reasonably necessary in order to secure that the provisions of this Act and of any order made thereunder are duly observed, require any person having authority to do so to break open any container or open any vending machine and, if that person does not comply with the requirement, he may do so himself.

(2) An officer seizing any goods or documents in the exercise of his powers under this section shall inform the person from whom they are seized and, in the case of goods seized from a vending machine, the person whose name and address are stated on the machine as being the proprietor’s or, if no name and address are so stated, the occupier of the premises on which the machine stands or to which it is affixed.

(3) If a justice of the peace, on sworn information in writing—

(a) is satisfied that there is reasonable ground to believe either—

(i) that any goods, books or documents which a duly authorised officer has power under this section to inspect are on any premises and that their inspection is likely to disclose evidence of the commission of an offence under this Act: or

(ii) that any offence under this Act has been, is being or is about to be committed on any premises; and

(b) is also satisfied either—

(i) that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under this subsection has been given to the occupier; or

(ii) that an application for admission, or the giving of such a notice, would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await his return,

the justice may by warrant under his hand, which shall continue in force for a period of one month, authorise an officer of a local weights and measures authority or of a Government department to enter the premises, if need be by force.

In the application of this subsection to Scotland, “justice of the peace” shall be construed as including a sheriff and a magistrate.

(4) An officer entering any premises by virtue of this section may take with him such other persons and such equipment as may appear to him necessary; and on leaving any premises which he has entered by virtue of a warrant under the preceding subsection he shall, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured against trespassers as he found them.

(5) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5A) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) If any person who is not a duly authorised officer of a local weights and measures authority or of a Government department purports to act as such under this section he shall be guilty of an offence.

(7) Nothing in this section shall be taken to compel the production by a solicitor of a document containing a privileged communication made by or to him in that capacity or to authorise the taking of possession of any such document which is in his possession.

Textual Amendments

F1 S. 28(5)(5A) repealed (20.6.2003) by 2002 c. 40, ss. 247(a), 278(2), 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch.

Modifications etc. (not altering text)

C1 S. 28 extended (1.1.1975) by Hallmarking Act 1973 (c. 43), s. 9(3)

Ss. 27, 28 extended by Control of Pollution Act 1974 (c. 40, SIF 46:4), s. 75(6)(8)

Ss. 27, 28 extended (with modifications) by S.I. 1986/26, reg. 11(2)

Ss. 27, 28 extended (with modifications) by S.I. 1988/1586, reg. 4(2)

S. 28 extended by 1988 c. 48, ss. 107A(2), 198A(2) (as inserted (6.4.2007) by 1994 c. 33, ss. 165(2)(3), 172(2)); S.I. 2007/621, art. 2

C2 S. 28 restricted (23.3.1996) by S.I. 1995/2489, reg. 9

C3 S. 28 applied (with modifications) (N.I.) (1.1.1975) by Hallmarking Act 1973 (c. 43), s. 9(7)

Ss. 27, 28 applied (with modifications) by Trade Marks Act 1938 (c. 22, SIF 67A), s. 58D(2) (as inserted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 300)

S. 28 applied (with modifications) (27.8.1993) by 1993 c. 11, ss. 30(5)(6)(7), 32, 68(2)

S. 28 applied (with modifications) (31.10.1994) by 1994 c. 26, s. 93(2)(3)(5); S.I. 1994/2250, art. 2

S. 28 applied (with modifications) (23.3.1996) by S.I. 1995/2489, reg. 10(1)

S. 28 applied by Olympic Symbol etc. (Protection) Act 1995 (c. 32), s. 8A(2)-(4) (as added (2.4.2007) by London Olympic Games and Paralympic Games Act 2006 (c. 12), ss. 32, 40(2), Sch. 3 para. 12(1) (with s. 40(5))); S.I. 2007/1064, art. 2

C4 S. 28 applied by London Local Authorities Act 2007 (c. ii), ss. 75(12) (the amendment coming into operation on the appointed day in accordance with ss. 1(5), 3 of the amending Act)

C5 S. 28 applied (with modifications) by 1949 c. 88, s. 35ZB(1) (with (3)) (as inserted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 13, 24(1); S.I. 2014/2330, art. 3, Sch.)

C6 S. 28(1)(c)(d): powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, 138(2), Sch. 1 Pt. 1 para. 9; S.I. 2003/708, art. 2(a)(c)(j)

C7 S. 28(5A): disclosure powers extended (14.12.2001) by 2001 c. 24, ss. 17, 127, Sch. 4 Pt. 1 para. 5