# The Greenhouse Gas Emissions Trading Scheme Order 2020, 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.

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Source: https://www.legislation.gov.uk/ukdsi/2020/9780348209761/article/40 (the official version)
Page: https://openlegislation.uk/draft-greenhouse-gas-emissions-trading-scheme-order-2020/article-40
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.