The Scotch Whisky Regulations 2009

Powers of an authorised officer

20.—(1) An authorised officer (“ O”) entering premises under regulation 19 may—

(a) inspect the premises, and any still and any other plant, machinery or equipment on those premises, and any of the following items found on those premises—

(i) any whisky partly or fully packaged ready for sale;

(ii) any whisky-based drink partly or fully packaged ready for sale;

(iii) any product purporting to be a whisky or whisky-based drink partly or fully packaged ready for sale;

(iv) any product that O has reasonable grounds for believing is regulated by regulation 6(2);

(v) any liquid that O has reasonable grounds for believing is a distillate regulated by these Regulations (including any vessel in which the liquid is found);

(vi) any liquid that, although not packaged ready for sale, O has reasonable grounds for believing will be used for a product regulated by these Regulations (including any vessel in which the liquid is found);

(vii) any raw material or ingredients that O has reasonable grounds for believing may be used to produce any distillate or drink regulated by these Regulations, including colourings and flavourings;

(viii) any mash that O has reasonable grounds for believing may be used to produce any distillate regulated by these Regulations;

(ix) any packaging or label that O has reasonable grounds for believing may be used for a product regulated by these Regulations;

(x) any advertising or promotional materials relating to a drink, or other documentation relating to a distillate or to a drink, that O has reasonable grounds for believing may be used for a product regulated by these Regulations;

(b) search the premises;

(c) take samples;

(d) carry out any inquiries, examinations or tests;

(e) have access to, and inspect and copy, any documents or records (in whatever form they are held) relating to matters covered by these Regulations, and remove them to enable them to be copied;

(f) have access to, and inspect and check the data on, and operation of, any computer, and any associated electronic storage device or apparatus (“computer equipment”) that is, or has been in use in connection with, the documents or records mentioned in sub-paragraph (e), including data relating to deleted files and activity logs; and for this purpose O may require any person having charge of, or otherwise concerned with the operation of, the computer equipment to afford to O such assistance (including the provision of passwords) as O may reasonably require, and, during the course of the checks, O may recover data held on the computer equipment; and

(g) where a document or record mentioned in sub-paragraph (e) is kept by means of a computer, require the record to be produced in a form in which it may be taken away.

(2) O may direct (“a regulation 20(2) direction”) a person (“P”) that the following must be left undisturbed for as long as is reasonably necessary for the purpose of any examination or investigation—

(a) any one or more of the items mentioned in paragraph (1)(a)(i) to (x);

(b) any document or record mentioned in paragraph (1)(e);

(c) any computer equipment mentioned in paragraph (1)(f); and

(d) any premises on or in which any of those items are found.

(3) P must comply with a regulation 20(2) direction given to them by O.

(4) A person, other than O and P, who knows about a regulation 20(2) direction must not (although the direction was not given to them) disturb any item or premises in contravention of the terms of the direction.

(5) O may seize and detain any item of the type mentioned in paragraph (1)(a)(i) to (x) or document or record mentioned in paragraph (1)(e) that O has reason to believe may be required as evidence in proceedings under these Regulations.

(6) O may seize as liable to destruction any product of the type mentioned in paragraph (1)(a)(i), (ii) or (iii) that O reasonably believes contravenes any provision of these Regulations.

(7) O may seize any computer equipment for the purpose of copying documents or records of the type mentioned in paragraph (1)(e), and for checking the data on, and operation of, any computer equipment that is, or has been, in use in connection with, those documents or records, provided it is returned as soon as practicable and, in any event, within 28 days, beginning with the day on which the equipment is seized.

(8) If O is not able to remove an item, product or computer equipment seized under paragraph (5), (6) or (7) immediately, they may—

(a) mark it in any way that they see fit; and

(b) give the person (“P”) appearing to them to be in charge of the item, product or computer equipment a notice (“a regulation 20(8) notice”)—

(i) identifying it;

(ii) requiring the item or computer equipment to be left undisturbed until it is collected by O; and

(iii) prohibiting the removal of the item, product or computer equipment from the premises on which it was found until it is collected by O.

(9) P must not contravene a regulation 20(8) notice given to them by O.

(10) A person, other than O and P, who knows about a regulation 20(8) notice, must not (although the notice was not given to them) disturb or remove an item, product or computer equipment in contravention of the terms of the notice.

(11) O must not exercise the powers under this regulation except on the production, if so required, of a duly authenticated document showing their authority.