Part IV Enforcement of Parts II and III

29 Powers of search etc.

(1)

Subject to the following provisions of this Part, a duly authorised officer of an enforcement authority may at any reasonable hour and on production, if required, of his credentials exercise any of the powers conferred by the following provisions of this section.

(2)

The officer may, for the purpose of ascertaining whether there has been any contravention of any safety provision F1. . . , inspect any goods and enter any premises other than premises occupied only as a person’s residence.

(3)

The officer may, for the purpose of ascertaining whether there has been any contravention of any safety provision, examine any procedure (including any arrangements for carrying out a test) connected with the production of any goods.

(4)

If the officer has reasonable grounds for suspecting that any goods are manufactured or imported goods which have not been supplied in the United Kingdom since they were manufactured or imported he may—

(a)

for the purpose of ascertaining whether there has been any contravention of any safety provision in relation to the goods, require any person carrying on a business, or employed in connection with a business, to produce any records relating to the business;

(b)

for the purpose of ascertaining (by testing or otherwise) whether there has been any such contravention, seize and detain the goods;

(c)

take copies of, or of any entry in, any records produced by virtue of paragraph (a) above.

(5)

If the officer has reasonable grounds for suspecting that there has been a contravention in relation to any goods of any safety provision F2. . . , he may—

(a)

for the purpose of ascertaining whether there has been any such contravention, require any person carrying on a business, or employed in connection with a business, to produce any records relating to the business;

(b)

for the purpose of ascertaining (by testing or otherwise) whether there has been any such contravention, seize and detain the goods;

(c)

take copies of, or of any entry in, any records produced by virtue of paragraph (a) above.

(6)

The officer may seize and detain—

(a)

any goods or records which he has reasonable grounds for believing may be required as evidence in proceedings for an offence in respect of a contravention of any safety provision F3. . . ;

(b)

any goods which he has reasonable grounds for suspecting may be liable to be forfeited under section 16 or 17 above.

(7)

If and to the extent that it is reasonably necessary to do so to prevent a contravention of any safety provision F4. . . , the officer may, for the purpose of exercising his power under subsection (4), (5) or (6) above to seize any goods or records—

(a)

require any person having authority to do so to open any container or to open any vending machine; and

(b)

himself open or break open any such container or machine where a requirement made under paragraph (a) above in relation to the container or machine has not been complied with.