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Paragraph 27 I1I2I3

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

(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)

The 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)

That 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 document 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 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)

In 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)

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

Annotations

Commencement

I1

Sch. 5 para. 27 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I2

Sch. 5 para. 27 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I3

Sch. 5 para. 27 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Notes on Schedule 5

Modifications

C1

Sch. 5 applied (with modifications) (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091), reg. 1, Sch. 7 para. 3 (with regs. 74, 75(5))

C2

Sch. 5 applied (with modifications) (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), reg. 1, Sch. 10 para. 3 (with regs. 3-5, 77)

C3

Sch. 5: power to amend conferred (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 180(3)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Notes on Part 4

Textual amendments

F1

Words in Sch. 5 Pt. 4 heading substituted (31.12.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 4(7) (with reg. 9) (as amended by S.I. 2020/1347, regs. 1(3), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)

F2

Word in Sch. 5 Pt. 4 heading substituted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 18 para. 11(7) (with Sch. 19); S.I. 2025/272, reg. 2(1)(9)

Modifications

C1

Sch. 5 Pt. 4: powers extended in part (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 319, 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(4)