SCHEDULES

SCHEDULE 5 U.K. Investigatory powers etc.

Modifications etc. (not altering text)

C1 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))

C2 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 4 U.K. Further powers exercisable by domestic enforcers and EU enforcers

Power to break open container etc U.K.

31 (1) The officer may, for the purpose of exercising any of the powers in paragraphs 28 to 30, require a person with authority to do so to— U.K.

(a) break open any container,

(b) open any vending machine, or

(c) access any electronic device in which information may be stored or from which it may be accessed.

(2) Where a requirement under sub-paragraph (1) has not been complied with, the officer may, for the purpose of exercising any of the powers in paragraphs 28 to 30—

(a) break open the container,

(b) open the vending machine, or

(c) access the electronic device.

(3) Sub-paragraph (1) or (2) applies if and to the extent that the exercise of the power in that sub-paragraph is reasonably necessary for the purposes for which that power may be exercised.

(4) In this paragraph “container” means anything in which goods may be stored.

Commencement Information

I1 Sch. 5 para. 31 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I2 Sch. 5 para. 31 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I3 Sch. 5 para. 31 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)