{
  "url": "https://openlegislation.uk/draft-greenhouse-gas-emissions-trading-scheme-order-2020/article-40",
  "json_url": "https://openlegislation.uk/draft-greenhouse-gas-emissions-trading-scheme-order-2020/article-40.json",
  "legislation": "ukdsi/2020/9780348209761",
  "legislation_title": "The Greenhouse Gas Emissions Trading Scheme Order 2020",
  "legislation_url": "https://openlegislation.uk/draft-greenhouse-gas-emissions-trading-scheme-order-2020",
  "path": "article/40",
  "kind": "article",
  "number": "40",
  "heading": "Powers of entry, etc.",
  "text": "(1) The regulator or an authorised person may—\n(a) enter any premises with a warrant issued in accordance with article 41, together with any equipment or material as may be required;\n(b) when entering premises by virtue of sub-paragraph (a)—\n(i) be accompanied by an authorised person and, if considered appropriate, a constable;\n(ii) direct that any part of the premises be left undisturbed for so long as may be necessary;\n(c) require any person believed to be able to give information relevant to an examination or investigation—\n(i) to attend at a place and time specified by the regulator or authorised person;\n(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);\n(iii) to sign a declaration of truth of the answers given by that person;\n(d) require the production of—\n(i) records required to be kept under this Order;\n(ii) other records which the regulator or authorised person considers it necessary to see for the purpose of an examination or investigation;\n(iii) entries in a record referred to in this sub-paragraph;\n(e) inspect and take copies of the records and entries referred to in sub-paragraph (d).\n(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.\n(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—\n(a) a prohibited place for the purposes of the Official Secrets Act 1911; or\n(b) any other premises to which the Crown restricts access on the ground of national security.\n(4) It is an offence for a person—\n(a) to fail to comply with a requirement imposed pursuant to this article; or\n(b) to prevent any other person from—\n(i) appearing before the regulator or an authorised person; or\n(ii) answering a question to which the regulator or authorised person requires an answer.\n(5) A person guilty of an offence under paragraph (4) is liable—\n(a) on summary conviction in England and Wales, to a fine;\n(b) on summary conviction in Scotland or in Northern Ireland, to a fine not exceeding the statutory maximum;\n(c) on conviction on indictment, to a fine.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2020/9780348209761/article/40",
    "retrieved_at": "2026-10-30T14:49:27.101557+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}