Regulation 245 Powers exercisable in relation to particular articles or substances

(1)

An inspector may take possession of any article or substance found on any premises or vehicle and retain it for as long as necessary—

(a)

for it to be examined or tested;

(b)

for anything to be done to it which the inspector may cause to be done under paragraph (6);

(c)

to ensure that it is not tampered with before any examination, test or other procedure mentioned in sub-paragraph (a) or (b) is complete;

(d)

to ensure that it is available for use in any proceedings for an offence under the Act or any regulations made under the Act.

(2)

The inspector may exercise the power in paragraph (1) if the inspector has reason to believe that—

(a)

the article or substance has caused, may have caused, or is likely to cause, non-compliance with a licence condition, a provision of the Act or an international obligation of the United Kingdom,

(b)

the article or substance has caused, may have caused, or is likely to cause, danger to public safety or national security, or

(c)

it is desirable to do so for the purposes set out in section 26(2).

(3)

Before taking possession of any substance under this regulation, the inspector must, if it is practicable—

(a)

take a sample of it, and

(b)

give a portion of the sample, marked so as to be identifiable, to a person at the premises or vehicle from which the substance is taken.

(4)

An inspector who takes possession of any article or substance under this regulation must—

(a)

if it is practicable to do so, give written notice to that effect to a person at the premises or vehicle from which the article or substance is taken;

(b)

otherwise, fix such a notice in a conspicuous position at the premises or vehicle from which the article or substance is taken.

(5)

The notice must include sufficient information about the article or substance to identify it.

(6)

An inspector may cause any article or substance found in any premises or vehicle—

(a)

to be dismantled;

(b)

to be examined or tested;

(c)

to be the subject of a demonstration showing how the article or substance functions;

(d)

to be deactivated or otherwise rendered safe for handling;

(e)

to have any other process applied to it.

(7)

The inspector may exercise any power in this regulation if the inspector has reason to believe that—

(a)

the article or substance has caused, may have caused, or is likely to cause, non-compliance with a licence condition, a provision of the Act or an international obligation of the United Kingdom,

(b)

the article or substance has caused, may have caused, or is likely to cause, danger to public safety or national security, or

(c)

it is desirable to do so for the purposes set out in section 26(2).

(8)

Before exercising a power in this regulation, the inspector must use their best endeavours to consult such persons as the inspector considers appropriate.

(9)

Anything done to the article or substance under this regulation must not damage or destroy it unless in the circumstances that is unavoidable.

(10)

If requested by a person who has responsibilities in relation to the premises or vehicle from which the article or substance is taken, and that person is on or at the premises or vehicle, the inspector must allow anything done to the article or substance under this regulation to be done in that person’s presence.

(11)

Paragraph (10) does not apply where the inspector considers that that would be prejudicial to the national security of the United Kingdom.