TradingU.K.

28Enforcement: power of entryU.K.

(1)A constable or enforcement officer may—

(a)enter land or premises on which they reasonably believe a contravention of regulations under section 25 is occurring;

(b)remove any infringing article;

(c)when entering land under paragraph (a), be accompanied by one or more persons for the purpose of taking action under paragraph (b);

(d)use, or authorise the use of, reasonable force for the purpose of taking action under this subsection.

(2)The power to remove an article may be exercised only if the constable or enforcement officer thinks it necessary for the purpose of—

(a)ending the contravention of regulations under section 25,

(b)preventing a future contravention of the regulations, [F1or]

(c)enabling the article to be used as evidence in proceedings for an offence under section 27, [F2or]

(d)[F2enabling the article to be forfeited in accordance with section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

(3)[F3An article removed shall be returned when retention is no longer justified by a matter specified in subsection (2)(a) to (d); but this subsection does not apply to perishable articles which have ceased to be usable for trade.]

(4)An article removed—

(a)if removed by an [F4enforcement officer] [F4a constable] , shall as soon as is reasonably practicable be delivered to [F5a constable] [F5an enforcement officer] , and

(b)whether removed by or delivered to [F5a constable] [F5an enforcement officer] , shall be [F6treated as if acquired by the constable in the course of the investigation of an offence;] [F6dealt with in accordance with sections 31A to 31E.]

but this subsection is subject to subsection (3).

(5)Having exercised a power under this section a constable or enforcement officer—

(a)shall take reasonable steps to leave the land or premises secure, and

(b)shall comply with any provision of regulations under section 25 about informing specified persons of what the constable or enforcement officer has done.

(6)Regulations under section 25 shall include provision enabling a person whose property is damaged in the course of the exercise or purported exercise of a power under this section (other than a person responsible for a contravention of the regulations) to obtain compensation from [F7a local policing body,] a police authority or the Olympic Delivery Authority; and the regulations may, in particular, include provision—

(a)conferring jurisdiction on a court or tribunal;

(b)about appeals.

(7)A [F8local policing body, a] police authority or the Olympic Delivery Authority may recover from a person responsible for the contravention of regulations under section 25, as if it were a debt, the reasonable costs of taking action under this section.

(8)In this section—

  • “enforcement officer” means a person designated for the purposes of [F9that subsection] [F9this section] by the Olympic Delivery Authority (and paragraph 29(1)(a) to (d) of Schedule 1 shall apply to an enforcement officer whether or not he is a member of the Authority's staff), and

  • “infringing article” means—

    (a)

    an article [F10or animal] that is being offered for trade in contravention of regulations under section 25 or is otherwise being used in connection with a contravention of the regulations, and

    (b)

    anything (other than a vehicle) containing an article [F10or animal] to which paragraph (a) applies.]

Textual Amendments

F2S. 28(2)(d) and preceding word omitted (E.W.S.) (14.2.2012) by virtue of London Olympic Games and Paralympic Games (Amendment) Act 2011 (c. 22), ss. 1(5)(b), 10(1)

Commencement Information

I1S. 28 in force at 30.5.2006 for E.W.N.I. by S.I. 2006/1118, art. 3(1)

I2S. 28 in force at 31.12.2006 for S. by S.S.I. 2006/611, art. 2