Property Misdescriptions Act 1991

3 (1) If a duly authorised officer of an enforcement authority has reasonable grounds for suspecting that an offence under section 1 of this Act has been committed, he may— U.K.

(a) require a person carrying on or employed in a business to produce any book or document relating to the business, and take copies of it or any entry in it, or

(b) require such a person to produce in a visible and legible documentary form [F1 or from which it can readily be produced in a visible and legible form] any information so relating which is [F2 stored in any electronic form], and take copies of it,

for the purpose of ascertaining whether such an offence has been committed.

(2) Such an officer may inspect any goods for the purpose of ascertaining whether such an offence has been committed.

(3) If such an officer has reasonable grounds for believing that any documents or goods may be required as evidence in proceedings for such an offence, he may seize and detain them.

(4) An officer seizing any documents or goods in the exercise of his power under sub-paragraph (3) above shall inform the person from whom they are seized.

(5) The powers of an officer under this paragraph may be exercised by him only at a reasonable hour and on production (if required) of his credentials.

(6) Nothing in this paragraph—

(a) requires a person to produce a document if he would be entitled to refuse to produce it in proceedings in a court on the ground that it is the subject of legal professional privilege or, in Scotland, that it contains a confidential communication made by or to an advocate or a solicitor in that capacity, or

(b) authorises the taking possession of a document which is in the possession of a person who would be so entitled.

Textual Amendments

F1 Words in Sch. para. 3(1)(b) inserted (1.4.2003) by 2001 c. 16, ss. 70, 138(2), Sch. 2 Pt. 2 para. 20(a); S.I. 2003/708, art. 2

F2 Words in Sch. para. 3(1)(b) substituted (1.4.2003) by 2001 c. 16, ss. 70, 138(2), Sch. 2 Pt. 2 para. 20(b); S.I. 2003/708, art. 2

Modifications etc. (not altering text)

C1 Sch. para. 3(3): Power of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, 138(2), Sch. 1 Pt. 1 para. 53; S.I. 2003/708, art. 2