Automated Vehicles Act 2024

Prospective

29 Powers exercisable under warrant E+W+S

(1) The powers in this section are powers to—

(a) enter the premises;

(b) search the premises;

(c) examine any document, equipment or other item or material on the premises (including by operating a computer or other device in order to gain access to information);

(d) seize any document, equipment or other item or material on the premises and remove it;

(e) record (in whatever form) any document, equipment or other item or material on the premises, or any information contained in or accessible by means of any such document, equipment, item or material;

(f) require any person on the premises to provide information or assistance for the purpose of—

(i) enabling or facilitating the exercise of the preceding powers, or

(ii) allowing anything inspected, seized or recorded in the exercise of those powers to be better understood.

(2) A person exercising those powers—

(a) may do so only so far as the person reasonably considers necessary for any of the investigative purposes (see section 16), and

(b) in particular, may not exercise the power to seize and remove something unless the person considers that exercising the power to record it would be insufficient.

(3) A warrant under section 28 is to be executed (and the powers in this section accordingly exercised) on behalf of the Secretary of State by a person authorised in writing by the Secretary of State.

(4) That person may take other persons, equipment and materials onto the premises for the purposes of assisting in the exercise of the powers in this section.

(5) A person so taken onto the premises may also exercise the powers in this section on behalf of the Secretary of State if the person is in the company, and under the supervision, of the person authorised under subsection (3).

(6) A person exercising the powers in this section may use reasonable force if necessary (except to enforce a requirement under subsection (1)(f)).

(7) A warrant under section 28 authorises the exercise of the powers in this section—

(a) only at a reasonable hour,

(b) only within a period of one month beginning with the day on which it is issued, and

(c) only on one occasion, unless the warrant specifies a greater number of occasions;

and may be granted subject to further conditions or limitations.

(8) On each occasion on which premises are entered further to a warrant under section 28, the person executing the warrant—

(a) must be accompanied by a constable until entry to the premises is fully secured;

(b) must give a copy of the warrant to any person appearing to be in charge of the premises at the earliest opportunity (if possible before entering the premises);

(c) if no such copy is given during the period of entry on the premises, must leave a copy of the warrant in a prominent place on the premises;

(d) must produce, on request by any person appearing to be in charge of the premises, proof of identity and of authorisation under subsection (3);

(e) if no person appearing to be in charge of the premises is present when the person executing the warrant is on the premises, must leave the premises as effectively secured against trespassers as that person found them.

(9) The Secretary of State must arrange for the publication of information on the exercise of the powers in this section at such intervals as seem appropriate.

Commencement Information

I1 S. 29 not in force at Royal Assent, see s. 99(1)