Section 83 Exercise of powers by inspectors.C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 C16

United Kingdom

(1)

An inspector exercising his powers under this Part of this Act shall, if so required, produce written evidence of his authority.

(2)

Any person who wilfully obstructs an inspector in the exercise of his powers under this Part of this Act shall be liable on summary conviction to a fine not exceeding F1level 3 on the standard scale.

C17 C18(3)

Any person who, not being an inspector, purports to act as such under this Part of this Act shall be liable on summary conviction to a fine not exceeding F2level 4 on the standard scale or, on a second or subsequent conviction under this subsection, to a fine not exceeding level 4 on the standard scale or imprisonment for a term not exceeding three months or both.

(4)

Subject to subsection (5) of this section, if any person discloses to any other person—

(a)

any information with respect to any manufacturing process or trade secret obtained by him in premises which he has entered by virtue of this Part of this Act; or

(b)

any information obtained by him in pursuance of this Part of this Act,

then, unless the disclosure was made in and for the purpose of the performance by him or any other person of functions under this Part of this Act, he shall be liable on summary conviction to a fine not exceeding F3level 5 on the standard scale.

(5)

Subsection (4) of this section shall not prevent an inspector who has taken a sample of any material under section 76(4) of this Act from disclosing 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 or from disclosing to that manufacturer or last seller or to any person who had the material on his premises for the purpose of sale information as to the results of any analysis of that sample.

Annotations

Textual amendments

F1: Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I. 1984/703 (N.I. 3), arts. 5, 6
F2: Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G and (N.I.) S.I. 1984/703 (N.I. 3), arts. 5, 6
F3: Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I. 1984/703 (N.I. 3), arts. 5, 6

Modifications

C1: S. 83 modified (8.9.1999) by S.I. 1999/2325, regs. 7(1)(2), 12
C2: S. 83 applied (22.1.1992) by S.I. 1991/2840, reg. 21(4) (with reg. 22) (which was revoked (30.6.1995) by S.I. 1995/1412, reg. 25 (with reg. 23)); (N.I.) by S.R. 1992/270, reg. 21(4) (with reg. 22) (which was revoked (15.1.1996) by S.R. 1995/451, reg. 25 (with reg. 23))
C3: S. 83 applied (30.6.1995) by S.I. 1995/1412, reg. 22(5) and expressed to be applied (15.1.1996) (N.I.) by S.R. 1995/451, reg. 22(5)
C4: S. 83 amendment to earlier affecting provision SI 1999/2325 reg. 12 (E.) (9.6.2003) by Feeding Stuffs (Sampling and Analysis), the Feeding Stuffs (Enforcement) and the Feeding Stuffs (Establishments and Intermediaries) (Amendment) (England) Regulations 2003 (S.I. 2003/1296), regs. 1, 13
C5: S. 83 amendment to earlier affecting provision S.I. 1999/2325 reg. 12 (S.) (26.6.2003) by The Feeding Stuffs (Miscellaneous Amendments) (Scotland) Regulations 2003 (S.S.I. 2003/277), regs. 1(1), 14
C6: S. 83 amendment to earlier affecting provision SI 1999/2325 reg. 12 (W.) (14.7.2003) by Feeding Stuffs (Sampling and Analysis), the Feeding Stuffs (Enforcement) and the Feeding Stuffs (Establishments and Intermediaries) (Amendment) (Wales) Regulations 2003 (S.I. 2003/1677), regs. 1, 13
C7: S. 83 applied (with modifications) (E.) (4.10.2004) by Genetically Modified Animal Feed (England) Regulations 2004 (S.I. 2004/2334), regs. 1(b), 6(2)(h)
C8: S. 83 applied (with modifications) (N.I.) (8.10.2004) by The Genetically Modified Animal Feed Regulations (Northern Ireland) 2004 (S.R. 2004/386), regs. 1, 6
C9: S. 83 applied (with modifications) (S.) (15.11.2004) by Genetically Modified Animal Feed (Scotland) Regulations 2004 (S.S.I. 2004/433), regs. 1(1), 6(1)(a)(vii)
C10: S. 83 applied (with modifications) (W.) (17.12.2004) by The Genetically Modified Animal Feed (Wales) Regulations 2004 (S.I. 2004/3221), regs. 1(b), 6(2)(h)
C11: S. 83 applied (with modifications) (N.I.) (1.1.2005) by The Feeding Stuffs (Safety Requirements for Feed for Food-Producing Animals) Regulations (Northern Ireland) 2004 (S.R. 2004/506), regs. 1(1), 4(1), 4(2)
C12: S. 83 applied (with modifications) (E.W.S.) (1.1.2005) by Feeding Stuffs (Safety Requirements for Feed for Food-Producing Animals) Regulations 2004 (S.I. 2004/3254), regs. 1, 4(2)(i)
C13: S. 83 applied (with modifications) (E.) (30.4.2005) by Feed (Corn Gluten Feed and Brewers Grains) (Emergency Control) (England) Regulations 2005 (S.I. 2005/1265), regs. 1(1), 5
C14: S. 83 applied (with modifications) (S.) (6.5.2005) by Feed (Corn Gluten Feed and Brewers Grains) (Emergency Control) (Scotland) Regulations 2005 (S.S.I. 2005/246), regs. 1(1), 5
C15: S. 83 applied (with modifications) (W.) (13.5.2005) by The Feed (Corn Gluten Feed and Brewers Grains) (Emergency Control) (Wales) Regulations 2005 (S.I. 2005/1323), regs. 1(1), 5(1), 5(2)(h)
C16: S. 83 amendment to earlier affecting provision S.R. 2004/386 reg. 6 (N.I.) (11.10.2010) by The Feed (Sampling and Analysis and Specified Undesirable Substances) Regulations (Northern Ireland) 2010 (S.R. 2010/323), regs. 1, 21(2)
C17: S. 83(3): Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 35 (in relation to liability on first and subsequent convictions) and S.I. 1984/703 (N.I. 3) art. 9 (in relation to liability on first and subsequent convictions) applies (N.I)
C18: S. 83(3): Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289E, (in relation to liability on first and subsequent convictions), applies (S.)

Notes on Part IV

Modifications

C1

Pt. IV applied: (E.W.S.) (1.11.1991) by S.I. 1991/2197, reg.11 (with reg. 1(2)(3)); (E.W.S.) (22.1.1992) by S.I. 1991/2840, reg. 23 (with reg. 22) (which S.I. was revoked (E.W.S.) (30.6.1995) by 1995/1412, reg. 25); (N.I.) (18.5.1992) by S.R. 1992/187, reg. 11 (with reg. 1(2)); (N.I.) (27.7.1992) by S.R. 1992/270, reg. 23 (with reg. 22)); (E.W.S.) (30.6.1995) by S.I. 1995/1412, reg. 24 (with reg. 23) (which S.I. was revoked (E.) (29.10.2000) by S.I. 2000/2481, reg. 26 and (S.) (31.1.2001 except insofar as it made modifications to the 1970 c. 40) by S.S.I. 2000/453, reg. 26); (N.I.) (15.1.1996) by S.R. 1995/451, reg. 24 (with reg. 23)

C2

Pt. IV modified (21.6.1996) by S.I. 1996/1342, reg. 3, Sch. 1

Pt. IV modified (8.9.1999) by S.I. 1999/2325, reg. 7(1)(2), 8 (as amended: (E.) (20.3.3001) by S.I. 2001/541, reg. 7(a); (W.) (1.8.2001) by S.I. 2001/2253, reg. 7(a))

Pt. IV extended (W.) (1.3.2001) by S.I. 2001/343, reg. 22

C3

Pt. IV (except s. 78(10)): Functions of the Secretary of State, the Secretary of State for Scotland or the Secretary of State for Wales transferred to the Minister of Agriculture, Fisheries and Food (27.12.1999) by S.I. 1999/3141, art. 2(1)(5), 3, Sch.

Pt. IV: power to make regulations amended (E.W.) (temp.) by S.I. 2000/656, reg. 14

C4