The Measuring Container Bottles (EEC Requirements) Regulations 1977

Powers of inspection and entry U.K.

8.—(1) Subject to the production if so requested of his credentials, an inspector may, within the area for which he was appointed inspector, at all reasonable times—

(a) for the purpose of ascertaining whether any offence under these Regulations has been committed, inspect any measuring container bottle or any article which he has reasonable cause to believe to be such a bottle;

(b) enter any premises on which he has reasonable cause to believe measuring container bottles are being made and are being marked with the EEC sign, or on which such bottles so marked are being stored with a view to sale, not being premises used only as a private dwelling;

(c) for the purpose of ascertaining whether measuring container bottles marked with the EEC sign comply with these Regulations, select batches of such bottles in accordance with the procedures set out in Annex II to the Directive and test samples from those batches in accordance with such procedures, or by means of an equivalent procedure;

(d) require the manufacturer, owner or importer of such bottles to provide such reasonable facilities as appear to the inspector to be necessary for the purpose of ascertaining whether such bottles comply with these Regulations.

(2) An inspector, if he finds that a batch so selected fails to comply with the requirements of these Regulations when tested as aforesaid, shall give directions to the manufacturer or importer that no measuring container bottles in that batch may be sold marked with the EEC sign.

(3) If a justice of the peace, on sworn information in writing—

(a) is satisfied that there is reasonable ground to believe either—

(i) that any measuring container bottles which a person has power by virtue of this Regulation to inspect are on any premises and that their inspection is likely to disclose evidence of the commission of an offence under Regulation 10, or

(ii) that any offence under Regulation 10 has been, is being or is about to be committed on any premises, and

(b) is also satisfied either—

(i) that admission to the premises has been or is likely to be refused and that notice of 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 entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await his return,

the justice may by warrant under his hand, which shall continue in force for one month, authorise an officer of the local weights and measures authority to enter the premises, if need be by force.

(4) A person 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 premises which he has entered by virtue of a warrant under paragraph (3) above, being premises which are unoccupied or the occupier of which is temporarily absent, he shall leave them as effectively secured against trespassers as he found them.

(5) If a person who enters any work-place by virtue of this Regulation discloses to any other person any information obtained by him in the workplace with regard to any manufacturing process or trade secret he shall, unless the disclosure was made in performance of his duty, be guilty of an offence.

Commencement Information

I1 Reg. 8 in force at 29.6.1977, see reg. 1