4.—(1) Subject to paragraph 5 below, a duly authorised officer of an enforcement authority may at any reasonable hour and on production, if required, of his credentials exercise any of the powers conferred by the following provisions of this paragraph.U.K.
(2) The officer may, for the purposes of ascertaining whether there has been a contravention of a relevant provision—
(a)inspect any equipment and enter any premises other than premises occupied only as a person’s residence; or
(b)examine any procedure connected with the production of any equipment.
(3) If the officer has reasonable grounds for suspecting that there has been breach of a relevant provision, he may for the purpose of ascertaining (by testing or otherwise) whether there has been any such breach, or for the purposes of bringing proceedings for forfeiture under paragraph 8 or 9, seize and detain any equipment.
(4) The officer may seize and detain—
(a)any document, record or information or any other thing which he has reasonable grounds for believing may be required—
(i)as evidence in proceedings for forfeiture under paragraph 8 or 9; or
(ii)by the authorities of a member State other than the United Kingdom for the purposes of the exercise of their functions with regard to the Universal Service Directive;
(b)any equipment which he has reasonable grounds for suspecting may be liable to be forfeited.
(5) The officer may, for the purposes of the exercise of his powers under subparagraph (3) or (4) above to seize any equipment, any document, record or information or any other thing—
(a)require any person having authority to do so to open any container; and
(b)himself open or break open any such container where a requirement made under subparagraph (a) above in relation to the container has not been complied with.
(6) In this paragraph, “Universal Service Directive” means Directive 2002/22/EC of the European Parliament and of the Council on universal service and users' rights relating to electronic communications networks and services M1.
Marginal Citations
M1O.J. No. L 108, 24.4.2002, p. 51.