SCHEDULE 1Investigatory powers
Power to require the production of documents12
1
The officer may, at any reasonable time—
a
require a trader occupying the premises, or a person on the premises acting on behalf of such a trader, to produce any documents relating to the trader’s business to which the trader has access, and
b
take copies of, or of any entry in, any such document.
2
The power in sub-paragraph (1) is available regardless of whether—
a
the purpose for which the documents are required relates to the trader or some other person, or
b
the proceedings referred to in sub-paragraph (6)(b) could be taken against the trader or some other person.
3
That power includes power to require the person to give an explanation of the documents.
4
Where a document required to be produced under sub-paragraph (1) contains information recorded electronically, the power in that sub-paragraph includes power to require the production of a copy of the document in a form in which it can easily be taken away and in which it is visible and legible.
5
This paragraph does not permit an officer to require a person to create a document other than as described in sub-paragraph (4).
6
An enforcer may exercise the power in this paragraph for the following purposes—
a
to ascertain compliance by an economic operator with the MSC Regulation or the enforcer’s legislation;
b
to ascertain whether the documents may be required as evidence in proceedings for non-compliance.
7
This paragraph does not permit an officer to require a person to produce any document which the person would be entitled to refuse to produce in proceedings in the High Court on the grounds of legal professional privilege.
8
In this paragraph “trader” means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.