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Regulate powers of entry and powers in relation to documents; and for |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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“authorised person” means a person authorised by the Minister |
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responsible for the enforcement of an Act or instrument containing |
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“powers” means the powers listed in section 2. |
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2 | Powers regulated by this Act |
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This Act regulates the exercise of powers of— |
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(a) | entry, for the purposes of ascertaining— |
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(i) | whether an offence has been committed, or |
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(ii) | whether the provisions of an Act of Parliament, or of an item of |
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secondary legislation, have been complied with, |
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(b) | examination, production and seizure of objects, documents and |
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(c) | compulsion in relation to the production of documents. |
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3 | Exercise of existing powers |
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The powers contained in the Acts and instruments listed in the Schedule to this |
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Act shall be exercised subject to sections 5 to 10 of this Act. |
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4 | Powers: general limitations |
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Any powers contained in any Act or instrument passed after the coming into |
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force of this Act shall be exercised subject to sections 5 to 10 of this Act, unless |
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the Act or instrument provides to the contrary. |
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5 | Limitations on powers of entry |
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(1) | No power of entry shall be exercised unless— |
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(a) | the requirements of subsection (2) have been satisfied, or |
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(b) | the entry is necessary to avert danger to life or property. |
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(2) | The requirements are that— |
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(a) | the entry has been authorised by an order of a judge or magistrate in |
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accordance with subsections (3) and (4), |
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(b) | the order has been shown to the person having control of the premises, |
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(c) | the person having control of the premises has agreed that the entry |
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(3) | An order under subsection (2)(a) may only be made following an application |
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(4) | An application by an authorised person shall be supported by evidence, on |
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oath, that the person reasonably believes that— |
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(a) | an offence may have been committed, or |
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(b) | that there has been a breach of the provisions of the relevant Act or |
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6 | Times when entry may take place |
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Unless otherwise specified in an order of a court or a magistrate— |
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(a) | no power of entry shall be exercised on a bank holiday or other |
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nationally recognised public holiday, and |
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(b) | no entry shall take place except— |
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(i) | between 8am and 6pm on Mondays to Fridays, |
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(ii) | between 8am and 1pm on Saturdays. |
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7 | Number of persons permitted to enter premises |
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The maximum number of persons who may enter premises shall be four, |
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including the authorised person, unless the order provides otherwise. |
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8 | Declaration of identity |
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The authorised person shall, upon entry of any premises, inform the occupier |
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(a) | the authorised person’s identity, |
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(b) | the identity of all other persons making the entry, and |
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(c) | the reason for the entry. |
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9 | Production of documents etc. |
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(1) | No power compelling the production of documents or electronic records |
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(“documents etc.”) shall be exercised unless the requirements of subsection (2) |
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(2) | The requirements are that— |
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(a) | the power is exercised subject to an order of a judge or magistrate |
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issued following an application in accordance with subsection (3), |
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(b) | the order shall fix a deadline for the production of the documents etc. |
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which shall be no earlier than 5pm on the seventh working day |
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following the making of the order, |
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(c) | the documents etc. shall be produced at the place of business or |
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residence of the person on whom the order is served, |
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(d) | the order shall state the period of time for which the documents etc. will |
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(3) | An order under subsection (2)(a) may only be made following an application |
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(4) | An application under subsection (3) shall be supported by evidence, on oath, |
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that the authorised person reasonably believes that the production of the |
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documents etc. is necessary pursuant to the provisions of the relevant Act or |
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(1) | No seizure of documents etc. shall take place without an order under |
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(2) | Before applying for an order under subsection (6) the authorised person shall |
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notify the person having charge of the documents etc. that the documents etc. |
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(3) | The notification under subsection (2) shall state the reason why the documents |
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etc. are required, and shall specify the relevant Act or instrument. |
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(4) | The notification shall inform the person having charge of the documents etc. |
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that he may provide electronic or paper copies of them to the authorised |
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person; and shall specify— |
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(a) | the latest date and time for the provision of such copies, and |
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(b) | the place where the copies shall be provided. |
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(5) | If the copies of the documents etc. are provided in accordance with subsection |
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(4), no order for seizure may be made. |
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(6) | If copies of the documents etc. are not provided in accordance with subsection |
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(4), an authorised person may apply to a judge or magistrate for an order |
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permitting seizure of documents etc. |
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(7) | The application shall be supported by evidence from the authorised person, on |
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oath, that the seizure is necessary pursuant to the provisions of the relevant Act |
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