House of Commons portcullis
House of Commons
Session 2009 - 10
Internet Publications
Other Bills before Parliament

Sunbeds (Regulation) Bill


Sunbeds (Regulation) Bill
Schedule — Powers of entry etc.

7

 

Schedule

Section 7

 

Powers of entry etc.

1          

In this Schedule “authorised officer” means an authorised officer of a local

authority.

2          

An authorised officer has the right, on production (if so required) of the

5

officer’s written authority—

(a)   

to enter any premises (other than domestic premises) at which the

officer has reason to believe that a sunbed business is being carried

on,

(b)   

to carry out on those premises such inspections as the officer

10

considers necessary for the purpose of the proper exercise of the

officer’s functions under this Act,

(c)   

where the officer considers it necessary for that purpose, to require

the production of any book, document or record (in whatever form

it is held) and inspect it, and take copies of or extracts from it,

15

(d)   

to take possession of any book, document or record which is on the

premises (in whatever form it is held) and retain it for as long as the

officer considers necessary for that purpose,

(e)   

to require any person to give such information, or afford such

facilities and assistance, as the officer considers necessary for that

20

purpose.

3          

An authorised officer may make such purchases and secure the provision of

such services as the officer considers necessary for the purpose of the proper

exercise of the officer’s functions under this Act.

4          

A person may not be required under paragraph 2 to answer any question or

25

to produce any document which the person would be entitled to refuse to

answer or produce in or for the purposes of proceedings in a court in

England and Wales.

5     (1)  

A justice of the peace may by warrant signed by the justice authorise any

authorised officer to enter any premises, other than domestic premises, if

30

needs be by force if the justice is satisfied on sworn information in writing—

(a)   

that for the purpose of the proper exercise of the functions of a local

authority under this Act there are reasonable grounds for entry into

the premises, and

(b)   

of either or both of the matters mentioned in sub-paragraph (2).

35

      (2)  

Those matters are—

(a)   

that admission to the premises has been, or is likely to be, refused,

and that notice of intention to apply for a warrant under this

Schedule has been given to the occupier or to a person who appears

to the local authority to be concerned in the management of the

40

premises;

(b)   

that an application for admission, or the giving of such notice, would

defeat the object of the entry, or that the premises are unoccupied, or

 

 

Sunbeds (Regulation) Bill
Schedule — Powers of entry etc.

8

 

that the occupier is temporarily absent and it might defeat the object

of the entry to await the occupier’s return.

      (3)  

A warrant under this paragraph continues in force until the end of the

period of one month beginning with the date on which the justice signs it.

6          

An authorised officer (“A”) entering any premises by virtue of paragraph 2,

5

or of a warrant under paragraph 5, may take with A such other persons and

such equipment as A considers necessary.

7          

If premises which an authorised officer is authorised to enter by a warrant

under paragraph 5 are unoccupied, or if the occupier is temporarily absent,

then on leaving them the officer must leave the premises as effectively

10

secured against trespassers as the officer found them.

8          

If by virtue of paragraph 2(d) an authorised officer takes possession of

anything, the officer must leave on the premises from which it was taken a

statement giving particulars of what the officer has taken and stating that the

officer has taken possession of it.

15

 
 

 
previous section contents
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2010
Revised 27 January 2010