SCHEDULES

C1C2C3SCHEDULE 5Investigatory powers etc.

Annotations:
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)

C3

Sch. 5: power to amend conferred (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 180(3)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

PART 1Basic concepts

Officers

I2I1I37

1

In this Schedule “officer”, in relation to an enforcer, means—

a

an inspector appointed by the enforcer to exercise powers under this Schedule, or authorised to do so,

b

an officer of the enforcer appointed by the enforcer to exercise powers under this Schedule, or authorised to do so,

c

an employee of the enforcer (other than an inspector or officer) appointed by the enforcer to exercise powers under this Schedule, or authorised to do so, or

d

a person (other than an inspector, officer or employee of the enforcer) authorised by the enforcer to exercise powers under this Schedule.

2

But references in this Schedule to an officer in relation to a particular power only cover a person within sub-paragraph (1) if and to the extent that the person has been appointed or authorised to exercise that power.

3

A person who, immediately before the coming into force of this Schedule, was appointed or authorised to exercise a power replaced by a power in this Schedule is to be treated as having been appointed or authorised to exercise the new power.

4

In this paragraph “employee”, in relation to the Secretary of State, means a person employed in the civil service of the State.