OpenLegislation

Paragraph 2 Power to inspect, seize and detain products etc.

United Kingdom

(1)

An authorised person may—

(a)

in order to ascertain if there has been a breach of F1these Regulations, of the EU Energy Labelling Regulation or of RAMS, inspect any products, goods, records, documents or information;

(b)

in order to ascertain if there has been a breach of these Regulations, of the EU Energy Labelling Regulation or of RAMS, require any person carrying on or employed in connection with a business to produce any products, goods, records, documents or information and take copies of—

(i)

any document or record; or

(ii)

any entry in any document or record;

(c)

in order to ascertain by testing or otherwise if there has been a breach of these Regulations, of the EU Energy Labelling Regulation or of RAMS, and reasonably suspecting such breach, seize and detain any products, goods, records, documents or information;

(d)

seize and detain any products, goods, records, documents or information which may be required as evidence in any proceedings under F2these Regulations, the EU Energy Labelling Regulation or RAMS;

(e)

for the purposes of exercising any powers or duties under these Regulations, the EU Energy Labelling Regulation or RAMS, but only if and to the extent reasonably necessary in order to secure that the provisions of these Regulations, the EU Energy Labelling Regulation or RAMS are observed, require any person having authority to do so to break open any container and, if that person does not comply or if there is no person present having authority to open it, break it open using reasonable force.

(2)

An authorised person may require information stored electronically to be made available in printed form.

(3)

An authorised person entering any premises whether under a power of entry under paragraph 1 or under a warrant under paragraph 3 must, if the occupier is present, give to the occupier or, if the occupier is absent, leave in a prominent place a notice—

(a)

summarising the authorised person’s powers of seizure and detention of products, goods, records, documents and information;

(b)

disclosing at which office of the market surveillance authority and within which hours a copy of these Regulations F3and the EU Energy Labelling Regulation is available to be consulted.

(4)

An authorised person entering any premises which are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.

(5)

An authorised person exercising any power of seizure and detention must—

(a)

give to the person against whom the power has been exercised a written notice stating what has been seized and detained;

(b)

detain those things only for as long as is necessary for the market surveillance authority to ascertain whether a breach of F4these Regulations, of the EU Energy Labelling Regulation or of RAMS has occurred and if required present the evidence at court.

Annotations

Textual amendments

F1

Words in Sch. 2 para. 2(1) substituted (29.3.2018) by The Energy Information (Amendment) Regulations 2018 (S.I. 2018/255), regs. 1, 11(b)(i)

F2

Words in Sch. 2 para. 2(1) substituted (29.3.2018) by The Energy Information (Amendment) Regulations 2018 (S.I. 2018/255), regs. 1, 11(b)(ii)

F3

Words in Sch. 2 para. 2(3)(b) inserted (29.3.2018) by The Energy Information (Amendment) Regulations 2018 (S.I. 2018/255), regs. 1, 11(c)

F4

Words in Sch. 2 para. 2(5)(b) substituted (29.3.2018) by The Energy Information (Amendment) Regulations 2018 (S.I. 2018/255), regs. 1, 11(d)