83 Exercise of powers by inspectors.U.K.
(1)An inspector exercising his powers under this Part of this Act shall, if so required, produce written evidence of his authority.
(2)Any person who wilfully obstructs an inspector in the exercise of his powers under this Part of this Act shall be liable on summary conviction to a fine not exceeding [F1level 3 on the standard scale].
(3)Any person who, not being an inspector, purports to act as such under this Part of this Act shall be liable on summary conviction to a fine not exceeding [F2level 4 on the standard scale] or, on a second or subsequent conviction under this subsection, to a fine not exceeding [F2level 4 on the standard scale] or imprisonment for a term not exceeding three months or both.
(4)Subject to subsection (5) of this section, if any person discloses to any other person—
(a)any information with respect to any manufacturing process or trade secret obtained by him in premises which he has entered by virtue of this Part of this Act; or
(b)any information obtained by him in pursuance of this Part of this Act,
then, unless the disclosure was made in and for the purpose of the performance by him or any other person of functions under this Part of this Act, he shall be liable on summary conviction to a fine not exceeding [F3level 5 on the standard scale].
(5)Subsection (4) of this section shall not prevent an inspector who has taken a sample of any material under section 76(4) of this Act from disclosing to the manufacturer or to the last seller of the material information as to the place where and the person from whom the sample was taken or from disclosing to that manufacturer or last seller or to any person who had the material on his premises for the purpose of sale information as to the results of any analysis of that sample.
Textual Amendments
F1Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I. 1984/703 (N.I. 3), arts. 5, 6
F2Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G and (N.I.) S.I. 1984/703 (N.I. 3), arts. 5, 6
F3Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I. 1984/703 (N.I. 3), arts. 5, 6
Modifications etc. (not altering text)
C1S. 83 modified (8.9.1999) by S.I. 1999/2325, regs. 7(1)(2), 12
C2S. 83 applied (22.1.1992) by S.I. 1991/2840, reg. 21(4) (with reg. 22) (which was revoked (30.6.1995) by S.I. 1995/1412, reg. 25 (with reg. 23)); (N.I.) by S.R. 1992/270, reg. 21(4) (with reg. 22) (which was revoked (15.1.1996) by S.R. 1995/451, reg. 25 (with reg. 23))
C3S. 83 applied (30.6.1995) by S.I. 1995/1412, reg. 22(5) and expressed to be applied (15.1.1996) (N.I.) by S.R. 1995/451, reg. 22(5)
C4S. 83(3): Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 35 (in relation to liability on first and subsequent convictions) and S.I. 1984/703 (N.I. 3) art. 9 (in relation to liability on first and subsequent convictions) applies (N.I)
C5S. 83(3): Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289E, (in relation to liability on first and subsequent convictions), applies (S.)