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Paragraph 3 Legal advice during investigations and inspections

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

An officer shall grant a request of the occupier of premises entered by the officer to allow a reasonable time for the occupier’s legal adviser to arrive at the premises before the investigation continues, if the officer considers it reasonable in the circumstances to do so and if the officer is satisfied that such conditions as he considers it appropriate to impose in granting the occupier’s request are, or will be, complied with.

(2)

For the purposes of paragraph (1), “a reasonable time” means such period of time as the officer considers is reasonable in the circumstances.

(3)

A person required by the OFT under section 26(6)(a)(ii) or (b) or section 65E(6)(a)(ii) or (b) of the Act to provide an explanation of a document in person may be accompanied by a legal adviser.

(4)

In this rule, “officer” means an investigating officer within the meaning of section 27(1) or 65F(1) of the Act or a named officer of the OFT authorised by a warrant issued under section 28, 28A, 65G or 65H of the Act.

Notes on Schedule

Footnotes

f1

1998 c. 41.