Search Legislation

The Market Surveillance (Northern Ireland) Regulations 2021

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Paragraph 13

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the The Market Surveillance (Northern Ireland) Regulations 2021, Paragraph 13. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Power to seize and detain productsN.I.

This section has no associated Explanatory Memorandum

13.—(1) The officer may seize and detain products other than documents (for which see paragraph 14).

(2) An officer seizing products under this paragraph from premises which are occupied must produce evidence of the officer's identity and authority to an occupier of the premises before seizing them.

(3) The officer need not comply with sub-paragraph (2) if it is not reasonably practicable to do so.

(4) An officer seizing products under this paragraph must take reasonable steps to—

(a)inform the person from whom they are seized that they have been seized, and

(b)provide that person with a written record of what has been seized.

(5) If, under this paragraph, an officer seizes any products from a vending machine, the duty in sub-paragraph (4) also applies in relation to—

(a)the person whose name and address are on the vending machine as the owner of the machine, or

(b)if there is no such name and address on the machine, the occupier of the premises on which the machine stands or to which it is fixed.

(6) In determining the steps to be taken under sub-paragraph (4), an officer exercising a power under this paragraph must have regard to any relevant provision about the seizure of property made by a code of practice under Article 65 of the Police and Criminal Evidence (Northern Ireland) Order 1989 M1.

(7) An enforcer may exercise the power in this paragraph in relation to—

(a)products which an officer of the enforcer reasonably suspects may disclose (by means of testing or otherwise) non-compliance;

(b)products which an officer of the enforcer reasonably suspects are liable to forfeiture under the enforcer's legislation; and

(c)products which an officer of the enforcer reasonably suspects may be required as evidence in proceedings for a breach of, or under, that legislation.

(8) Products seized under this paragraph (except products seized for a purpose mentioned in sub-paragraph (7)(b)) may not be detained—

(a)for a period of more than 3 months beginning with the day on which they were seized, or

(b)where the products are reasonably required to be detained for a longer period by the enforcer for a purpose for which they were seized, for longer than they are required for that purpose.

Commencement Information

I1Sch. 1 para. 13 in force at 16.7.2021, see reg. 1(1)

Marginal Citations

M1S.I. 1989/1341 (N.I. 12); relevant amending instruments are S.I. 2007/288 (N.I. 2), and paragraph 22 of Schedule 9 to the Protection of Freedoms Act 2012 (c. 9).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources