Glue Traps (Offences) Act 2022

Prospective

5 Enforcement powers of authorised inspectors E+W

(1) An “authorised inspector” is a person authorised in writing under this subsection by the Secretary of State.

(2) An authorisation under subsection (1) is subject to any conditions or limitations specified in it.

(3) An authorised inspector may, at any reasonable time, enter and inspect premises (other than a dwelling) occupied by any pest controller who is authorised by a glue trap licence, for the purposes of—

(a) verifying any statement or representation made, or document or information provided, by the pest controller in connection with an application for the grant or modification of a glue trap licence, or

(b) ascertaining whether any condition to which a glue trap licence is subject has been complied with.

(4) An authorised inspector must produce evidence of the inspector’s authorisation under subsection (1) before entering any premises under subsection (3), if requested to do so by a person entitled to be on the premises.

(5) After an inspector has entered any premises under subsection (3), the inspector may for a purpose mentioned in subsection (3)(a) or (b)—

(a) inspect any document, record or other thing found on the premises;

(b) take a sample from anything found on the premises;

(c) question any person on the premises;

(d) require any person on the premises to give the inspector such assistance as is reasonable in the circumstances;

(e) take a photograph or video recording of anything that is found on the premises;

(f) take copies of any document or record on the premises (in whatever form it is held);

(g) require information stored in an electronic form and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form;

(h) seize and detain anything which the inspector reasonably believes to be evidence of the commission of an offence under section 3 or non-compliance with any condition to which a glue trap licence is subject.

(6) Subsection (5)(h) does not include power to seize an item which the person exercising the power has reasonable grounds for believing to be subject to legal privilege (within the meaning of section 10 of the Police and Criminal Evidence Act 1984).

(7) The inspector must, on request, provide a record of anything that is seized under subsection (5)(h) to any person who—

(a) is an occupier of the premises, or

(b) has possession or control of the thing seized immediately before its seizure.

(8) Anything which has been seized in the exercise of a power under subsection (5)(h) may be retained so long as is necessary in all the circumstances, including in particular—

(a) for use as evidence in proceedings under this Act, or

(b) for forensic examination or for investigation in connection with an offence under this Act.

(9) But nothing may be retained for either of the purposes mentioned in subsection (8) if a photograph, video recording or a copy would be sufficient for that purpose.

(10) The authorised inspector may, for the purpose of assisting the inspector in exercising any of the powers conferred by subsection (5), when entering premises under subsection (3) take with them—

(a) any other person, and

(b) any equipment or materials.

(11) A person taken onto premises under subsection (10) may exercise any power conferred by subsection (5) if the person is in the company, and under the supervision, of the inspector.

(12) In subsection (3), “dwelling” includes any yard, garden, garage or outhouse which is used for purposes in connection with a dwelling.

Commencement Information

I1 S. 5 not in force at Royal Assent, see s. 10(2)