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.