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Paragraph 31 I1I2I3C1

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

(1)

The officer may, for the purpose of exercising any of the powers in paragraphs 28 to F130A, require a person with authority to do so to—

(a)

break open any container,

(b)

open any vending machine, or

(c)

access any electronic device in which information may be stored or from which it may be accessed.

(2)

Where a requirement under sub-paragraph (1) has not been complied with, the officer may, for the purpose of exercising any of the powers in paragraphs 28 to F230A—

(a)

break open the container,

(b)

open the vending machine, or

(c)

access the electronic device.

(3)

Sub-paragraph (1) or (2) applies if and to the extent that the exercise of the power in that sub-paragraph is reasonably necessary for the purposes for which that power may be exercised.

(4)

In this paragraph “container” means anything in which goods may be stored.

Annotations

Textual amendments

F1

Word in Sch. 5 para. 31(1) substituted (26.5.2021) by Medicines and Medical Devices Act 2021 (c. 3), ss. 41(2)(e)(i), 50(3); S.I. 2021/610, reg. 2(c) (with reg. 3)

F2

Word in Sch. 5 para. 31(2) substituted (26.5.2021) by Medicines and Medical Devices Act 2021 (c. 3), ss. 41(2)(e)(ii), 50(3); S.I. 2021/610, reg. 2(c) (with reg. 3)

Modifications

C1

Sch. 5 para. 31 applied (25.8.2020) by Birmingham Commonwealth Games Act 2020 (c. 10), s. 33, Sch. 3 para. 4 (with Sch. 3 para. 8)

Commencement

I1

Sch. 5 para. 31 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I2

Sch. 5 para. 31 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I3

Sch. 5 para. 31 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)