Part 15Inspection
Powers and procedure
317Powers
1
A constable, enforcement officer or authorised person exercising a power under or by virtue of this Part to enter premises may—
a
inspect any part of the premises and any machine or other thing on the premises;
b
question any person on the premises;
c
require access to any written or electronic record which is kept on the premises;
d
require to be supplied with a copy, in such form as he directs, of an entry in a written or electronic record which is kept on the premises;
e
remove and retain anything if he reasonably believes that it constitutes or contains evidence of—
i
the commission of an offence under this Act, or
ii
the breach of a term or condition of a licence issued under this Act;
f
remove and retain anything if he reasonably believes that it is being used or has been used in the commission of an offence under this Act.
2
The Secretary of State may by regulations make provision about the treatment of —
a
copies supplied under subsection (1)(d), and
b
things removed under subsection (1)(e) or (f).
3
Regulations under subsection (2) may, in particular, make provision—
a
about the retention, use, return, disposal or destruction of anything supplied or removed;
b
conferring a right of appeal.
4
The Secretary of State may by regulations make provision about the procedure to be followed in the exercise of a power under this section.
5
Nothing in this Part authorises action to be taken in England and Wales in respect of anything of a kind specified in section 9(2) of the Police and Criminal Evidence Act 1984 (c. 60) (legally privileged material, &c.).
6
A person exercising a power under or by virtue of this Part shall have regard to any relevant provision of a code of practice under that Act (and guidance under section 25 may refer to a provision of a code).
7
Subsection (6) does not apply as respects the exercise of a power in relation to Scotland.