Article 40 Powers of entry, etc.

(1)

The regulator or an authorised person may—

(a)

enter any premises with a warrant issued in accordance with article 41, together with any equipment or material as may be required;

(b)

when entering premises by virtue of sub-paragraph (a)—

(i)

be accompanied by an authorised person and, if considered appropriate, a constable;

(ii)

direct that any part of the premises be left undisturbed for so long as may be necessary;

(c)

require any person believed to be able to give information relevant to an examination or investigation—

(i)

to attend at a place and time specified by the regulator or authorised person;

(ii)

to answer questions (in the absence of any person other than those whom the regulator or authorised person allows to be present and a person nominated by the person being asked questions);

(iii)

to sign a declaration of truth of the answers given by that person;

(d)

require the production of—

(i)

records required to be kept under this Order;

(ii)

other records which the regulator or authorised person considers it necessary to see for the purpose of an examination or investigation;

(iii)

entries in a record referred to in this sub-paragraph;

(e)

inspect and take copies of the records and entries referred to in sub-paragraph (d).

(2)

The powers in paragraph (1) may only be exercised where the regulator or an authorised person reasonably believes there has been a failure to comply with the requirements of this Order.

(3)

Except to the extent agreed by the person in control of a place or premises, the powers referred to in paragraph (1) do not apply in relation to—

(a)

a prohibited place for the purposes of the Official Secrets Act 1911; or

(b)

any other premises to which the Crown restricts access on the ground of national security.

(4)

It is an offence for a person—

(a)

to fail to comply with a requirement imposed pursuant to this article; or

(b)

to prevent any other person from—

(i)

appearing before the regulator or an authorised person; or

(ii)

answering a question to which the regulator or authorised person requires an answer.

(5)

A person guilty of an offence under paragraph (4) is liable—

(a)

on summary conviction in England and Wales, to a fine;

(b)

on summary conviction in Scotland or in Northern Ireland, to a fine not exceeding the statutory maximum;

(c)

on conviction on indictment, to a fine.