(3) The power of entry in sub-paragraph (2) may be exercised without first
giving notice or obtaining a warrant.

Power to observe carrying on of business etc

22 (1) An officer of an enforcer may enter premises to which the public has access
5in order to observe the carrying on of a business on those premises.

(2) The power in sub-paragraph (1) may be exercised at any reasonable time
(whether or not the public has access at that time).

(3) The power of entry in sub-paragraph (1) may be exercised without first
giving notice or obtaining a warrant.

10Power to enter premises without warrant

23 (1) An officer of an enforcer may enter premises at any reasonable time.

(2) Sub-paragraph (1) does not authorise the entry into premises used wholly or
mainly as a dwelling.

(3) The power of entry in that sub-paragraph may only be exercised if a notice
15has been given to the occupier of the premises in accordance with the
requirements in sub-paragraph (4), unless sub-paragraph (5) applies.

(4) Those requirements are that—

(a) the notice is in writing and is given by an officer of the enforcer,

(b) the notice sets out why the entry is necessary and indicates the
20nature of the offence under paragraph 36 (obstruction), and

(c) there are at least two working days between the date of receipt of the
notice and the date of entry.

(5) A notice need not be given if—

(a) the occupier has waived the requirement to give notice,

(b) 25the power of entry is to be exercised by an officer of a domestic
enforcer and the officer reasonably suspects a breach of the
enforcer’s legislation,

(c) the officer reasonably considers that to give notice in accordance
with this paragraph would defeat the purpose of the entry,

(d) 30it is not reasonably practicable in all the circumstances to give notice
in accordance with this paragraph, in particular because the officer
reasonably suspects that there is an imminent risk to public health or
safety, or

(e) the enforcer is a market surveillance authority within the meaning of
35Article 2(18) of the Regulation on Accreditation and Market
Surveillance and the entry is for the purpose of market surveillance
within the meaning of Article 2(17) of that Regulation.

(6) If a notice is not given, and the officer finds one or more occupiers on the
premises, the officer must provide to that occupier or (if there is more than
40one) to at least one of them a document that—

(a) sets out why the entry is necessary, and

(b) indicates the nature of the offence under paragraph 36 (obstruction).

(7) Whether or not a notice is given, if the officer finds one or more occupiers on
the premises, the officer must produce evidence of the officer’s identity and

authority to that occupier or (if there is more than one) to at least one of
them.

(8) An officer need not comply with sub-paragraph (6) or (7) if it is not
reasonably practicable to do so.

(9) 5Proceedings resulting from the exercise of the power under sub-paragraph
(1) are not invalid merely because of a failure to comply with sub-paragraph
(6) or (7).

(10) An officer entering premises under sub-paragraph (1) may be accompanied
by such persons, and may take onto the premises such equipment, as the
10officer thinks necessary.

(11) In this paragraph—

• “give”, in relation to the giving of a notice to the occupier of premises,
  includes delivering or leaving it at the premises or sending it there
  by post;

• 15“working day” means a day other than—

  (a)

  Saturday or Sunday,

  (b)

  Christmas Day or Good Friday, or

  (c)

  a day which is a bank holiday under the Banking and
  Financial Dealings Act 1971 in the part of the United
  20Kingdom in which the premises are situated.

Application of paragraphs 25 to 31

24 Paragraphs 25 to 31 apply if an officer of an enforcer has entered any
premises under the power in paragraph 23(1) or under a warrant under
paragraph 32.

25Power to inspect products etc

25 (1) The officer may inspect any product on the premises.

(2) The power in sub-paragraph (3) is also available to an officer of a domestic
enforcer acting pursuant to the duty in section 27(1) of the Consumer
Protection Act 1987 or regulation 10(1) of the General Product Safety
30Regulations 2005 (SI 2005/1803SI 2005/1803).

(3) The officer may examine any procedure (including any arrangements for
carrying out a test) connected with the production of a product.

(4) The powers in sub-paragraph (5) are also available to an officer of a domestic
enforcer acting pursuant to—

(a) 35the duty in regulation 10(1) of the Weights and Measures (Packaged
Goods) Regulations 2006 (SI 2006/659SI 2006/659) (“the 2006 Regulations”), or

(b) the duty in regulation 10(1) of the Weights and Measures (Packaged
Goods) Regulations (Northern Ireland) 2011 (SR 2011/331SR 2011/331) (“the
2011 Regulations”).

(5) 40The officer may inspect and take copies of, or of anything purporting to be—

(a) a record of a kind mentioned in regulation 5(2) or 9(1), or

(b) evidence of a kind mentioned in regulation 9(3).

(6) The references in sub-paragraph (5) to regulations are to regulations in the
2006 Regulations in the case of a domestic enforcer in Great Britain or the
2011 Regulations in the case of a domestic enforcer in Northern Ireland.

(7) The powers in sub-paragraph (8) are also available to an officer of a domestic
5enforcer acting pursuant to the duty in regulation 37(1)(a)(ii) or (b)(ii) of the
Electromagnetic Compatibility Regulations 2006 (SI 2006/3418SI 2006/3418).

(8) The officer may—

(a) inspect any apparatus or fixed installation (as defined in those
Regulations), or

(b) 10examine any procedure (including any arrangements for carrying
out a test) connected with the production of apparatus.

Power to test equipment

26 (1) An officer of a domestic enforcer may test any weighing or measuring
equipment—

(a) 15which is, or which the officer has reasonable cause to believe may be,
used for trade or in the possession of any person or on any premises
for such use, or

(b) which has been, or which the officer has reasonable cause to believe
to have been, passed by an approved verifier, or by a person
20purporting to act as such a verifier, as fit for such use.

(2) Expressions used in sub-paragraph (1) have the same meaning—

(a) as in the Weights and Measures Act 1985, in the case of a domestic
enforcer in Great Britain;

(b) as in the Weights and Measures (Northern Ireland) Order 1981 (SI
251981/231 (NI 10)), in the case of a domestic enforcer in Northern
Ireland.

(3) The powers in sub-paragraph (4) are available to an officer of a domestic
enforcer acting pursuant to—

(a) the duty in regulation 10(1) of the Weights and Measures (Packaged
30Goods) Regulations 2006 (SI 2006/659SI 2006/659) (“the 2006 Regulations”), or

(b) the duty in regulation 10(1) of the Weights and Measures (Packaged
Goods) Regulations (Northern Ireland) 2011 (SR 2011/331SR 2011/331) (“the
2011 Regulations”).

(4) The officer may test any equipment which the officer has reasonable cause
35to believe is used in—

(a) making up packages (as defined in regulation 2) in the United
Kingdom, or

(b) carrying out a check mentioned in paragraphs (1) and (3) of
regulation 9.

(5) 40The references in sub-paragraph (4) to regulations are to regulations in the
2006 Regulations in the case of a domestic enforcer in Great Britain or the
2011 Regulations in the case of a domestic enforcer in Northern Ireland.

Power to require the production of documents

27 (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) 5The 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 paragraph 19(3)(b) or 20(4)(b) could be
taken against the trader or some other person.

(3) 10That 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
15document 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) This paragraph does not permit an officer to require a person to produce any
20document which the person would be entitled to refuse to produce—

(a) in proceedings in the High Court on the grounds of legal
professional privilege, or

(b) in proceedings in the Court of Session on the grounds of
confidentiality of communications.

(7) 25In sub-paragraph (6) “communications” means—

(a) communications between a professional legal adviser and the
adviser’s client, or

(b) communications made in connection with or in contemplation of
legal proceedings or for the purposes of those proceedings.

(8) 30In this paragraph “trader” has the same meaning as in Part 1 of this Act.

Power to seize and detain goods

28 (1) The officer may seize and detain goods other than documents (for which see
paragraph 29).

(2) An officer seizing goods under this paragraph from premises which are
35occupied 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 goods under this paragraph must take reasonable steps
40to—

(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 goods 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) 5if 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 in England and Wales or Northern
Ireland must have regard to any relevant provision about the seizure of
10property made by—

(a) a code of practice under section 66 of the Police and Criminal
Evidence Act 1984, or

(b) a code of practice under Article 65 of the Police and Criminal
Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12)SI 1989/1341 (NI 12)),

15(as the case may be).

(7) Goods seized under this paragraph (except goods seized for a purpose
mentioned in paragraph 19(5)(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) 20where the goods 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.

Power to seize documents required as evidence

29 (1) The officer may seize and detain documents.

(2) 25An officer seizing documents 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) 30An officer seizing documents 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) 35In determining the steps to be taken under sub-paragraph (4), an officer
exercising a power under this paragraph in England and Wales or Northern
Ireland must have regard to any relevant provision about the seizure of
property made by—

(a) a code of practice under section 66 of the Police and Criminal
40Evidence Act 1984, or

(b) a code of practice under Article 65 of the Police and Criminal
Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12)SI 1989/1341 (NI 12)),

(as the case may be).

(6) This paragraph does not confer any power on an officer to seize from a
45person any document which the person would be entitled to refuse to
produce—

(a) in proceedings in the High Court on the grounds of legal
professional privilege, or

(b) in proceedings in the Court of Session on the grounds of
confidentiality of communications.

(7) 5In sub-paragraph (6) “communications” means—

(a) communications between a professional legal adviser and the
adviser’s client, or

(b) communications made in connection with or in contemplation of
legal proceedings or for the purposes of those proceedings.

(8) 10Documents seized under this paragraph 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 documents are reasonably required to be detained for a
longer period by the enforcer for the purposes of the proceedings for
15which they were seized, for longer than they are required for those
purposes.

Power to decommission or switch off fixed installations

30 (1) The power in sub-paragraph (2) is available to an officer of a domestic
enforcer acting pursuant to the duty in regulation 37(1)(a)(ii) or (b)(ii) of the
20Electromagnetic Compatibility Regulations 2006 (SI 2006/3418SI 2006/3418).

(2) The officer may decommission or switch off any fixed installation (as
defined in those Regulations) or part of such an installation.

Power to break open container etc

31 (1) The officer may, for the purpose of exercising any of the powers in
25paragraphs 28 to 30, require a person with authority to do so to—

(a) break open any container,

(b) open any vending machine, or

(c) access any electronic device in which information may be stored or
from which it may be accessed.

(2) 30Where a requirement under sub-paragraph (1) has not been complied with,
the officer may, for the purpose of exercising any of the powers in
paragraphs 28 to 30—

(a) break open the container,

(b) open the vending machine, or

(c) 35access the electronic device.

(3) Sub-paragraph (1) or (2) applies if and to the extent that the exercise of the
power in that sub-paragraph is reasonably necessary for the purposes for
which that power may be exercised.

(4) In this paragraph “container” means anything in which goods may be
40stored.

Power to enter premises with warrant

32 (1) A justice of the peace may issue a warrant authorising an officer of an
enforcer to enter premises if satisfied, on written information on oath given
by such an officer, that there are reasonable grounds for believing that—

(a) 5condition A or B is met, and

(b) condition C, D or E is met.

(2) Condition A is that on the premises there are—

(a) products which an officer of the enforcer has power to inspect under
paragraph 25, or

(b) 10documents which an officer of the enforcer could require a person to
produce under paragraph 27.

(3) Condition B is that, on the premises—

(a) in the case of a domestic enforcer, there has been or is about to be a
breach of the enforcer’s legislation,

(b) 15in the case of an EU enforcer, there has been or is about to be a
Community infringement as defined in section 212 of the Enterprise
Act 2002, or

(c) in the case of an EU enforcer, there has been a failure to comply with
a measure specified in paragraph 20(3)(b), (c) or (d).

(4) 20Condition C is that—

(a) access to the premises has been or is likely to be refused, and

(b) notice of the enforcer’s intention to apply for a warrant under this
paragraph has been given to the occupier of the premises.

(5) Condition D is that it is likely that products or documents on the premises
25would be concealed or interfered with if notice of entry on the premises were
given to the occupier of the premises.

(6) Condition E is that—

(a) the premises are unoccupied, or

(b) the occupier of the premises is absent, and it might defeat the
30purpose of the entry to wait for the occupier’s return.

(7) In the application of this paragraph to Scotland—

(a) the reference in sub-paragraph (1) to a justice of the peace is to be
read as a reference to a sheriff, and

(b) the reference in that sub-paragraph to information on oath is to be
35read as a reference to evidence on oath.

(8) In the application of this paragraph to Northern Ireland—

(a) the reference in sub-paragraph (1) to a justice of the peace is to be
read as a reference to a lay magistrate, and

(b) the reference in that sub-paragraph to written information is to be
40read as a reference to a written complaint.

Entry to premises under warrant

33 (1) A warrant under paragraph 32 authorises an officer of the enforcer to enter
the premises at any reasonable time, using reasonable force if necessary.

(2) A warrant under that paragraph ceases to have effect at the end of the period
of one month beginning with the day it is issued.

(3) An officer entering premises under a warrant under paragraph 32 may be
accompanied by such persons, and may take onto the premises such
5equipment, as the officer thinks necessary.

(4) If the premises are occupied when the officer enters them, the officer must
produce the warrant for inspection to an occupier of the premises.

(5) Sub-paragraph (6) applies if the premises are unoccupied or the occupier is
temporarily absent.

(6) 10On leaving the premises the officer must—

(a) leave a notice on the premises stating that the premises have been
entered under a warrant under paragraph 32, and

(b) leave the premises as effectively secured against trespassers as the
officer found them.

15Power to require assistance from person on premises

34 (1) If an officer of an enforcer has entered premises under the power in
paragraph 23(1) or under a warrant under paragraph 32, the officer may
require any person on the premises to provide such assistance or
information as the officer reasonably considers necessary.

(2) 20Sub-paragraph (3) applies if an officer of a domestic enforcer has entered
premises under the power in paragraph 23(1) or under a warrant under
paragraph 32 for the purposes of the enforcement of—

(a) the Weights and Measures (Packaged Goods) Regulations 2006 (SI
2006/659), or

(b) 25the Weights and Measures (Packaged Goods) Regulations (Northern
Ireland) 2011 (SR 2011/331SR 2011/331).

(3) The officer may, in particular, require any person on the premises to provide
such information as the person possesses about the name and address of the
packer and of any importer of a package which the officer finds on the
30premises.

(4) In sub-paragraph (3) “importer”, “package” and “packer” have the same
meaning as in—

(a) the Weights and Measures (Packaged Goods) Regulations 2006 (see
regulation 2), in the case of a domestic enforcer in Great Britain, or

(b) 35the Weights and Measures (Packaged Goods) Regulations (Northern
Ireland) 2011 (see regulation 2), in the case of a domestic enforcer in
Northern Ireland.

Definitions for purposes of this Part

35 In this Part of this Schedule—

• 40“goods” has the meaning given by section 2(8);

• “occupier”, in relation to premises, means any person an officer of an
  enforcer reasonably suspects to be the occupier of the premises;

• “premises” includes any stall, vehicle, vessel or aircraft;

• “product” means—

  (a)

  45goods,

  Consumer Rights BillPage 88

  (b)

  a service,

  (c)

  digital content, as defined in section 2(9),

  (d)

  immovable property, or

  (e)

  rights or obligations.

5Part 5 Provisions supplementary to Parts 3 and 4

Offence of obstruction

36 (1) A person commits an offence if the person—

(a) intentionally obstructs an enforcer or an officer of an enforcer who is
10exercising or seeking to exercise a power under Part 4 of this
Schedule in accordance with that Part,

(b) intentionally fails to comply with a requirement properly imposed
by an enforcer or an officer of an enforcer under Part 4 of this
Schedule, or

(c) 15without reasonable cause fails to give an enforcer or an officer of an
enforcer any other assistance or information which the enforcer or
officer reasonably requires of the person for a purpose for which the
enforcer or officer may exercise a power under Part 4 of this
Schedule.

(2) 20A person commits an offence if, in giving information of a kind referred to
in sub-paragraph (1)(c), the person—

(a) makes a statement which the person knows is false or misleading in
a material respect, or

(b) recklessly makes a statement which is false or misleading in a
25material respect.

(3) A person who is guilty of an offence under sub-paragraph (1) or (2) is liable
on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) Nothing in this paragraph requires a person to answer any question or give
any information if to do so might incriminate that person.

30Offence of purporting to act as officer

37 (1) A person who is not an officer of an enforcer commits an offence if the
person purports to act as such under Part 3 or 4 of this Schedule.

(2) A person who is guilty of an offence under sub-paragraph (1) is liable on
summary conviction to a fine not exceeding level 5 on the standard scale.

(3) 35If section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders
Act 2012 comes into force on or before the day on which this Act is passed—

(a) section 85 of that Act (removal of limit on certain fines on conviction
by magistrates’ court) applies in relation to the offence in this
paragraph as if it were a relevant offence (as defined in section 85(3)
40of that Act), and

(b) regulations described in section 85(11) of that Act may amend or
otherwise modify sub-paragraph (2).

Access to seized goods and documents

38 (1) This paragraph applies where anything seized by an officer of an enforcer
under Part 4 of this Schedule is detained by the enforcer.

(2) If a request for permission to be granted access to that thing is made to the
5enforcer by a person who had custody or control of it immediately before it
was seized, the enforcer must allow that person access to it under the
supervision of an officer of the enforcer.

(3) If a request for a photograph or copy of that thing is made to the enforcer by
a person who had custody or control of it immediately before it was seized,
10the enforcer must—

(a) allow that person access to it under the supervision of an officer of
the enforcer for the purpose of photographing or copying it, or

(b) photograph or copy it, or cause it to be photographed or copied.

(4) Where anything is photographed or copied under sub-paragraph (3), the
15photograph or copy must be supplied to the person who made the request
within a reasonable time from the making of the request.

(5) This paragraph does not require access to be granted to, or a photograph or
copy to be supplied of, anything if the enforcer has reasonable grounds for
believing that to do so would prejudice the investigation for the purposes of
20which it was seized.

(6) An enforcer may recover the reasonable costs of complying with a request
under this paragraph from the person by whom or on whose behalf it was
made.

(7) References in this paragraph to a person who had custody or control of a
25thing immediately before it was seized include a representative of such a
person.

Notice of testing of goods

39 (1) Sub-paragraphs (3) and (4) apply where goods purchased by an officer of a
domestic enforcer under paragraph 21 are submitted to a test and as a
30result—

(a) proceedings are brought for a breach of, or under, the enforcer’s
legislation or for the forfeiture of the goods by the enforcer, or

(b) a notice is served by the enforcer preventing a person from doing any
thing.

(2) 35Sub-paragraphs (3) and (4) also apply where goods seized by an officer of a
domestic enforcer under paragraph 28 are submitted to a test.

(3) The enforcer must inform the relevant person of the results of the test.

(4) The enforcer must allow a relevant person to have the goods tested if it is
reasonably practicable to do so.

(5) 40In sub-paragraph (3) “relevant person” means the person from whom the
goods were purchased or seized or, where the goods were purchased or
seized from a vending machine—

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