Part 8Enforcement of certain consumer legislation
Information
227BF2Powers exercisable on the premises
1
An officer of a CPC enforcer may, in the exercise of his powers under section 227A—
a
observe the carrying on of a business on the premises;
b
inspect goods or documents on the premises;
c
require any person on the premises to produce goods or documents within such period as the officer considers to be reasonable;
d
seize goods or documents to carry out tests on them on the premises or seize, remove and retain them to carry out tests on them elsewhere; or
e
seize, remove and retain goods or documents which he reasonably suspects may be required as evidence of a Community infringement or a breach of a relevant enforcement measure.
2
The power in subsection (1)(c) to require a person to produce goods or documents includes the power to require him—
a
to state, to the best of his knowledge and belief, where the goods or documents are;
b
to give an explanation of the goods or documents; and
c
to secure that any goods or documents produced are authenticated or verified in such manner as the officer considers appropriate.
3
An officer of a CPC enforcer may take copies of, or extracts from, any documents to which he has access by virtue of subsection (1).
4
But nothing in this section authorises action to be taken in relation to anything which, in proceedings in the High Court, a person would be entitled to refuse to produce on the grounds of legal professional privilege.
5
In this section document includes information recorded in any form.
6
The reference in subsection (1)(c) to the production of documents is, in the case of a document which contains information recorded otherwise than in legible form, a reference to the production of a copy of the information in legible form.
7
In its application to Scotland, this section has effect as if the reference in subsection (4)—
a
to proceedings in the High Court were a reference to proceedings in the Court of Session; and
b
to an entitlement on the grounds of legal professional privilege were a reference to an entitlement on the grounds of confidentiality of communications.