C7C8C56C57C64C98 Part III ADMINISTRATION AND ENFORCEMENT

Annotations:
Modifications etc. (not altering text)
C7

Pts. I-III (ss. 1-39): functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2

Pts. I-III (ss. 1-39): certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2

C8

Pts. I-III (ss. 1-39) applied (with modifications) (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2

C64

Pt. III applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2

C98

Pt. III functions etc. assigned to the port health authority and modified (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))

Powers of entry and obstruction etc.

C105C1C2C3C4C5C10C9C13C14C15C17C18C19C20C21C22C23C24C25C26C27C29C28C31C30C33C32C34C35C36C38C39C40C41C42C44C43C45C46C49C52C51C50C54C55C53C48C59C60C58C61C62C63C65C68C66C70C69C71C72C73C74C76C75C77C78C80C82C81C88C97C96C99C101C100C102C104C10732 Powers of entry.

C16C37C47C67C95C79C84C86C83C85C87C90C91C92C93C89C94C103C1061

An authorised officer of an enforcement authority shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours—

C6a

to enter any premises within the authority’s area for the purpose of ascertaining whether there is or has been on the premises any contravention of the provisions of this Act, or of regulations or orders made under it; and

b

to enter any business premises, whether within or outside the authority’s area, for the purpose of ascertaining whether there is on the premises any evidence of any contravention within that area of any of such provisions; and

c

in the case of an authorised officer of a food authority, to enter any premises for the purpose of the performance by the authority of their functions under this Act;

but admission to any premises used only as a private dwelling-house shall not be demanded as of right unless 24 hours’ notice of the intended entry has been given to the occupier.

C37C47C95C79C84C86C83C85C87C90C91C92C93C89C94C103C1062

If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry into any premises for any such purpose as is mentioned in subsection (1) above and either—

a

that admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant has been given to the occupier; or

b

that an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,

the justice may by warrant signed by him authorise the authorised officer to enter the premises, if need be by reasonable force.

C37C47C95C79C84C86C83C85C87C90C91C92C93C89C94C103C1063

Every warrant granted under this section shall continue in force for a period of one month.

C37C47C95C79C84C86C83C85C87C90C91C92C93C89C94C103C1064

An authorised officer entering any premises by virtue of this section, or of a warrant issued under it, may take with him such other persons as he considers necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectively secured against unauthorised entry as he found them.

C37C47C95C79C84C86C83C85C87C90C91C92C93C89C94C103C1065

An authorised officer entering premises by virtue of this section, or of a warrant issued under it, may inspect any records (in whatever form they are held) relating to a food business and, where any such records are F2 stored in any electronic form —

a

may have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and

b

may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require.

C11C37C47C95C79C84C86C83C85C87C90C91C92C93C89C94C103C1066

Any officer exercising any power conferred by subsection (5) above may—

a

seize and detain any records which he has reason to believe may be required as evidence in proceedings under any of the provisions of this Act or of regulations or orders made under it; and

C12b

where the records are F1 stored in any electronic form, may require the records to be produced in a form in which they may be taken away.

C37C47C95C79C84C86C83C85C87C90C91C92C93C89C94C103C1067

If any person who enters any premises by virtue of this section, or of a warrant issued under it, discloses to any person any information obtained by him in the premises with regard to any trade secret, he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence.

C37C47C95C84C86C83C85C87C90C91C92C93C89C94C1068

Nothing in this section authorises any person, except with the permission of the local authority under the M1Animal Health Act 1981, to enter any premises—

a

in which an animal or bird affected with any disease to which that Act applies is kept; and

b

which is situated in a place declared under that Act to be infected with such a disease.

9

In the application of this section to Scotland, any reference to a justice of the peace includes a reference to the sheriff and to a magistrate.