4.—(1) A duly authorised officer of an enforcement authority may, at all reasonable hours and on—
(a)identifying himself and producing authority in writing from the enforcement authority which appointed him for the exercise by him of powers conferred on the authority by these Regulations; and
(b)stating the purpose of his actions and his grounds for undertaking them,
exercise any of the powers set out in sub-paragraph (2).
(2) The powers referred to in sub-paragraph (1) are—
(a)he may, for the purpose of ascertaining whether an offence under these Regulations has been committed, inspect any relevant equipment and enter any premises other than premises used only as a dwelling;
(b)if he has reasonable cause to suspect that an offence under these Regulations has been committed, he may, for the purpose of ascertaining whether it has been committed, require any person carrying on or employed in connection with a business to produce any records relating to the biofuel or blend in question and he may take copies of those records or any part of them;
(c)if he has reasonable cause to suspect that an offence under these Regulations has been committed, he may seize and detain any sample of the biofuel or blend for the purpose of ascertaining whether the offence has been committed;
(d)he may seize and detain records which he has reason to believe may be required as evidence in proceedings for an offence under these Regulations;
(e)he may, for the purpose of exercising his powers of seizure under this sub-paragraph, but only if and to the extent that it is reasonably necessary in order to secure that the provisions of these Regulations are duly observed, require any person having authority to do so to break open any container and, if that person does not comply with the requirement or if there is no person present having authority to open it, he may do so himself.
(3) For the purposes of paragraphs (b) and (d) of sub-paragraph (2), the officer may require information stored electronically to be made available to him in printed form.
(4) If a justice of the peace is satisfied by any written information on oath—
(a)that there are reasonable grounds for believing either—
[F1(i)that any sample or records, which a duly authorised officer has power under this paragraph to seize or require to be produced, is or are on any premises and that its or their seizure or production is likely to disclose evidence of the commission of an offence under these Regulations; or]
(ii)that any offence under these Regulations has been, is being, or is about to be committed on any premises; and
(b)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 under this sub-paragraph 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 a period of one month, authorise an officer of an enforcement authority to enter the premises, if need be by force.
(5) An officer entering any premises by authority of a warrant granted under sub-paragraph (4) shall, if the occupier is present, give to the occupier or, if the occupier is temporarily absent, leave in a prominent place on the premises or appropriate part of the premises a notice in writing—
(a)summarising the officer’s powers of seizure and detention of any sample or records under this paragraph;
(b)explaining that compensation may be payable for damage caused in entering premises and seizing and removing any sample or records therefrom, and giving the address to which an application for compensation should be directed; and
(c)indicating at which office of the enforcement authority and within which hours a copy of these Regulations is available to be consulted.
(6) An officer entering any premises by virtue of this paragraph 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 he shall, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured against trespassers as he found them.
(7) An officer exercising any power of seizure and detention under this paragraph shall as soon as practicable give to the person against whom the power has been exercised, a written notice–
(a)stating precisely what has been so seized and detained; and
(b)explaining where, within what period and on what grounds an appeal against such detention may be brought under paragraph 5 (Appeals against detention of a sample or records) and whether the things detained would be released while an appeal was pending.
(8) A person who is not a duly authorised officer of an enforcement authority shall not purport to act as such under this paragraph.
(9) In the application of this paragraph to Scotland, the reference in sub-paragraph (4) to a justice of the peace shall include a reference to a sheriff and [F2the reference to any written information on oath shall be construed as a reference to any evidence on oath.]
(10) In the application of this paragraph to Northern Ireland, [F3the reference in sub-paragraph (4) to a justice of the peace shall include a reference to a lay magistrate and the reference to any written information on oath shall be construed as a reference to any complaint on oath.]
Textual Amendments
F1Sch. para. 4(4)(a)(i) substituted (1.2.2006) by The Biofuel (Labelling) (Amendment) Regulations 2005 (S.I. 2005/3355), regs. 1, 2(4)
F2Words in Sch. para. 4(9) substituted (1.2.2006) by The Biofuel (Labelling) (Amendment) Regulations 2005 (S.I. 2005/3355), regs. 1, 2(5)
F3Words in Sch. para. 4(10) substituted (1.2.2006) by The Biofuel (Labelling) (Amendment) Regulations 2005 (S.I. 2005/3355), regs. 1, 2(6)