SCHEDULES

C1SCHEDULE 5Investigatory powers etc.

Annotations:
Modifications etc. (not altering text)

PART 4Further powers exercisable by domestic enforcers and EU enforcers

Power to seize and detain goods

I1I2I328

1

The officer may seize and detain goods other than documents (for which see paragraph 29).

2

An officer seizing goods under this paragraph from premises which are occupied must produce evidence of the officer's identity and authority to an occupier of the premises before seizing them.

3

The officer need not comply with sub-paragraph (2) if it is not reasonably practicable to do so.

4

An officer seizing goods under this paragraph must take reasonable steps to—

a

inform the person from whom they are seized that they have been seized, and

b

provide that person with a written record of what has been seized.

5

If, under this paragraph, an officer seizes any goods from a vending machine, the duty in sub-paragraph (4) also applies in relation to—

a

the person whose name and address are on the vending machine as the owner of the machine, or

b

if there is no such name and address on the machine, the occupier of the premises on which the machine stands or to which it is fixed.

6

In determining the steps to be taken under sub-paragraph (4), an officer exercising a power under this paragraph in England and Wales or Northern Ireland must have regard to any relevant provision about the seizure of property made by—

a

a code of practice under section 66 of the Police and Criminal Evidence Act 1984, or

b

a code of practice under Article 65 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12)),

(as the case may be).

7

Goods seized under this paragraph (except goods seized for a purpose mentioned in paragraph 19(5)(b)) may not be detained—

a

for a period of more than 3 months beginning with the day on which they were seized, or

b

where the goods are reasonably required to be detained for a longer period by the enforcer for a purpose for which they were seized, for longer than they are required for that purpose.