The Calibration of Tanks of Vessels (EEC Requirements) Regulations 1975

9.—(1) Subject to the production if so requested of his authority, an inspector may, at all reasonable times—

(a) inspect and test any calibrated tank;

(b) board any vessel in which he has reasonable cause to believe there to be a calibrated tank, and enter any premises (other than premises used only as a private dwelling house) which it is reasonable for him to enter to gain access to the vessel.

(2) If a justice of the peace, by information on oath—

(a) is satisfied that there is reasonable ground to believe that any calibrated tank is in any vessel or that any offence under these regulations has been, is being or is about to be committed on any vessel; and

(b) is also satisfied either—

(i) that admission to the vessel or to the premises referred to in paragraph (1)(b) above has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant has been given to the occupier; or

(ii) that an application for admission, or the giving of such a notice, would defeat the object of the boarding or entry, or that the case is one of urgency, or that the vessel or premises are unoccupied or the occupier temporarily absent;

the justice may by warrant under his hand, which shall continue in force for a period of one month, authorise an inspector to board the vessel or enter the premises, if need be by force.

In the application of this paragraph to Scotland, the expression “a justice of the peace” shall be construed as including the sheriff.

(3) An inspector boarding any vessel or entering any premises by virtue of this regulation may take with him such other persons and such equipment as may appear to him necessary; and on leaving any vessel or premises which he has boarded or entered by virtue of a warrant under paragraph (2) above, being a vessel or premises which are unoccupied or the occupier of which is temporarily absent, he shall leave it or them as effectively secured against trespassers as he found it or them.

(4) If any inspector or other person who boards any vessel or enters any premises by virtue of this regulation discloses to any person any information obtained by him on the vessel or premises with regard to any manufacturing process or trade secret, he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence.

(5) In this regulation “occupier” in relation to any vessel means the person for the time being in charge of the vessel.