The Ivory Prohibition (Civil Sanctions) Regulations 2022

Monitoring of compliance with an enforcement undertaking

14.—(1) The Secretary of State may monitor P’s compliance with the terms of an enforcement undertaking—

(a) by requiring P to allow an accredited civilian officer to enter, on reasonable notice and at a reasonable time, premises owned, occupied or controlled by P, for the purpose of ascertaining whether P is complying or has complied with the terms of the undertaking;

(b) where an accredited civilian officer has entered premises in accordance with sub-paragraph (a), requiring P to facilitate examination, measurement or photography of any item on the premises that the accredited civilian officer reasonably believes is or may be relevant to the question of whether P is complying or has complied with the terms of the undertaking;

(c) by requiring P to produce any document or record which the Secretary of State or an accredited civilian officer reasonably believes is or may be relevant to the question of whether P is complying or has complied with the terms of the undertaking;

(d) by requiring P to assist an accredited civilian officer in taking copies of any document or record on premises entered in accordance with paragraph (a), or produced in accordance with sub-paragraph (c), which the accredited civilian officer reasonably believes is or may be relevant to the question of whether P is complying or has complied with the terms of the undertaking;

(e) by monitoring advertising of any item which is or may be relevant to the question of whether P is complying or has complied with the terms of the undertaking.

(2) A notice given under paragraph (1)(a) must—

(a) be in writing,

(b) be given to P and, if P is not the occupier of the premises, to the occupier, and

(c) set out the purpose of the proposed entry.

(3) The requirement in paragraph (2)(b) may be complied with by delivering or leaving the notice at P’s address or sending it there by post.

(4) In paragraph (1)(a), “premises” does not include any premises used wholly or mainly as a dwelling.