Trade: information powers45

1

An authorised officer may request a person who is concerned (in whatever capacity) in a relevant activity to provide such information as the authorised officer may reasonably require about the relevant activity.

2

The authorised officer may specify the way in which, and the period within which, information is to be provided.

3

If no such period is specified, the information which has been requested must be provided within a reasonable time.

4

A request under paragraph (1) may include a request to produce specified documents or documents of a specified description.

5

Where the authorised officer requests that documents be produced, the authorised officer may—

a

take copies or extracts from any document so produced,

b

request any person producing a document to give an explanation of it,

c

where that person is a body corporate, partnership or unincorporated body other than a partnership, request any person who is—

i

in the case of a partnership, a present or past partner or employee of the partnership, or

ii

in any other case, a present or past officer or employee of the body concerned,

to give such an explanation, and

d

remove, at a reasonable time and for a reasonable period, any document so produced if the authorised officer considers it is necessary to do so.

6

Where a document has been removed by an authorised officer under paragraph (5)(d)—

a

the authorised officer must, on request, provide a receipt for the document;

b

if the document is reasonably required for the proper conduct of a business, the authorised officer must, as soon as practicable and free of charge, provide a copy of the document to the person who produced it.

7

Where a document requested to be produced under paragraph (4) is subject to a lien, the production or removal of the document in accordance with this regulation does not affect, and is not to be regarded as breaking, the lien.

8

For the purposes of paragraph (1), a “relevant activity” means an activity—

a

which would, unless done under the authority of a trade licence, constitute a contravention of any prohibition in Chapter 2 or 3 of Part 4 (Trade), or

b

which would constitute a contravention of the prohibition in regulation 28 (circumventing etc. prohibitions).