PART 5 E+WEnforcement powers and related provisions

Offences relating to the exercise of powersE+W

32.—(1) A person who wilfully obstructs an authorised officer in the exercise of the officer's powers under these Regulations or fails to comply with a requirement lawfully made in the exercise of such powers commits an offence.

(2) A person not being an authorised officer who purports to act as such under these Regulations commits an offence.

(3) A person who discloses to any other person—

(a)any information in relation to any manufacturing process or trade secret which has been obtained on premises entered by virtue of these Regulations, or

(b)any other information obtained in pursuance of these Regulations,

commits an offence unless the disclosure was made in and for the purpose of the performance of functions under these Regulations.

(4) Paragraph (3) does not apply to prevent an authorised officer who has taken a sample under these Regulations from disclosing—

(a)to the manufacturer or to the last seller of the material, information as to the place where and the person from whom the sample was taken and the results of any analysis of that sample;

(b)to any person who had that material on their premises, information as to the results of any analysis of that sample; or

(c)any information which it is necessary to disclose in order to prevent the occurrence of a serious risk to human or animal health or to the environment.