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Powers of inspection, sampling and seizureE+W+S

18.—(1) An authorised officer entering any premises in accordance with regulation 13, or under the authority of a warrant issued under regulation [F114 or 15] (as the case may be) may do one or more of the following things—

(a)inspect any substance present on those premises that the authorised officer reasonably suspects to be, or to contain, any controlled product;

(b)take samples (and, if necessary, send the samples to an approved laboratory for testing) from any substance present on those premises that the authorised officer reasonably suspects to be, or to contain, any controlled product;

(c)subject to paragraphs (2) and (3), inspect and take copies of any relevant business records (including electronic records) in whatever form they are held;

(d)seize and detain any such records (including electronic records) which the authorised officer has reason to believe may be required as evidence in proceedings under any of the provisions of these Regulations; and

(e)take photographs of the premises, or take photographs of any articles on the premises, or both.

(2) In relation to premises in England and Wales, the power to inspect relevant business records under paragraph (1)(c) does not extend to material which is either excluded, or special procedure material under sections 11 and 14 of the Police and Criminal Evidence Act 1984 M1.

F2(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Marginal Citations

Powers of inspection, sampling and seizureN.I.

18.—(1) An authorised officer entering any premises in accordance with regulation 13, or under the authority of a warrant issued under [F3regulation 16] may do one or more of the following things—

(a)inspect any substance present on those premises that the authorised officer reasonably suspects to be, or to contain, any controlled product;

(b)take samples (and, if necessary, send the samples to an approved laboratory for testing) from any substance present on those premises that the authorised officer reasonably suspects to be, or to contain, any controlled product;

(c)subject to paragraphs (2) and (3), inspect and take copies of any relevant business records (including electronic records) in whatever form they are held;

(d)seize and detain any such records (including electronic records) which the authorised officer has reason to believe may be required as evidence in proceedings under any of the provisions of these Regulations; and

(e)take photographs of the premises, or take photographs of any articles on the premises, or both.

F4(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In relation to premises in Northern Ireland, the power to inspect relevant business records under paragraph (1)(c) does not extend to material which is excluded material or special procedure material under article 13 or 16 of the Police and Criminal Evidence (Northern Ireland) Order 1989 F5.

Extent Information

E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments