SCHEDULES
C1C2SCHEDULE 5Investigatory powers etc.
Sch. 5 applied (with modifications) (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), reg. 1, Sch. 10 para. 3 (with regs. 3-5, 77)
PART 4Further powers exercisable by domestic enforcers and EU enforcers
Power to inspect products etc
I1I2I325
1
The officer may inspect any product on the premises.
2
The power in sub-paragraph (3) is also available to an officer of a domestic enforcer acting pursuant to the duty in section 27(1) of the Consumer Protection Act 1987 or regulation 10(1) of the General Product Safety Regulations 2005 (SI 2005/1803).
3
The officer may examine any procedure (including any arrangements for carrying out a test) connected with the production of a product.
4
The powers in sub-paragraph (5) are also available to an officer of a domestic enforcer acting pursuant to—
a
the duty in regulation 10(1) of the Weights and Measures (Packaged Goods) Regulations 2006 (SI 2006/659) (“the (“2006 Regulations”), or
b
the duty in regulation 10(1) of the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011 (SR 2011/331) (“the 2011 Regulations”).
5
The officer may inspect and take copies of, or of anything purporting to be—
a
a record of a kind mentioned in regulation 5(2) or 9(1), or
b
evidence of a kind mentioned in regulation 9(3).
6
The references in sub-paragraph (5) to regulations are to regulations in the 2006 Regulations in the case of a domestic enforcer in Great Britain or the 2011 Regulations in the case of a domestic enforcer in Northern Ireland.
7
The powers in sub-paragraph (8) are also available to an officer of a domestic enforcer acting pursuant to the duty in F1regulation 52(1)(a)(ii) or (b)(ii) of the Electromagnetic Compatibility Regulations (S.I. 2016/1091).
8
The officer may—
a
inspect any apparatus or fixed installation (as defined in those Regulations), or
b
examine any procedure (including any arrangements for carrying out a test) connected with the production of apparatus.
Sch. 5 applied (with modifications) (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091), reg. 1, Sch. 7 para. 3 (with regs. 74, 75(5))