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Regulation 16 Powers of inspection, sampling and seizureI1

United Kingdom Not yet in force

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

(1)

An authorised officer entering any premises in accordance with regulation 11 or under the authority of a warrant issued under regulation 12, 13 or 14 (as the case may be) may do one or more of the following things—

(a)

inspect any substance present on those premises that he reasonably suspects to be or to contain any controlled product;

(b)

take samples (and, if necessary, send the samples for laboratory testing) from any substance present on those premises that he reasonably suspects to be or to contain any controlled product;

(c)

subject to paragraphs (2) and (3), inspect and take copies of any relevant business records (including electronic records) in whatever form they are held;

(d)

seize and detain any such records (including electronic records) which he has reason to believe may be required as evidence in proceedings under any of the provisions of these Regulations; and

(e)

take photographs of the premises, any articles on them or both.

(2)

In relation to premises in England or Wales, the power to inspect relevant business records under paragraph (1)(c) shall not extend to material which is either excluded or special procedure material under sections 11 and 14 of the Police and Criminal Evidence Act 1984f1.

(3)

In relation to premises in Northern Ireland, the power to inspect relevant business records under paragraph (1)(c) shall not extend to material which is either excluded material or special procedure material under articles 13 and 16 of the Police and Criminal Evidence (Northern Ireland) Order 1989f2.

Annotations

Commencement

I1

Reg. 16 in force at 8.10.2005, see reg. 1

Footnotes

f1

1984 c. 60.

f2

S.I. 1989/1341 (N.I. 12).