SCHEDULES

C2SCHEDULE 5Investigatory powers etc.

Annotations:
Modifications etc. (not altering text)

PART 5Provisions supplementary to Parts 3 and 4

Notice of testing of goods

I2I1I3C139

1

Sub-paragraphs (3) and (4) apply where goods purchased by an officer of a domestic enforcer under paragraph 21 are submitted to a test and as a result—

a

proceedings are brought for a breach of, or under, the enforcer's legislation or for the forfeiture of the goods by the enforcer, or

b

a notice is served by the enforcer preventing a person from doing any thing.

2

Sub-paragraphs (3) and (4) also apply where goods seized by an officer of a domestic enforcer under paragraph 28 are submitted to a test.

3

The enforcer must inform the relevant person of the results of the test.

4

The enforcer must allow a relevant person to have the goods tested if it is reasonably practicable to do so.

5

In sub-paragraph (3) “relevant person” means the person from whom the goods were purchased or seized or, where the goods were purchased or seized from a vending machine—

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 sub-paragraph (4) “relevant person” means—

a

a person within sub-paragraph (5),

b

in a case within sub-paragraph (1)(a), a person who is a party to the proceedings, and

c

in a case within sub-paragraph (1)(b), a person with an interest in the goods.