Article 40 Powers of entry, etc.I1

United Kingdom

(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 F1, the Monitoring and Reporting Regulation 2018, the Verification Regulation 2018, the Free Allocation Regulation or the Activity Level Changes Regulation;

(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 F2, the Monitoring and Reporting Regulation 2018, the Verification Regulation 2018, the Free Allocation Regulation or the Activity Level Changes Regulation.

(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 F3within the meaning of Part 1 of the National Security Act 2023; 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; F4...

(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 F5answer; or

F6(c)

intentionally to obstruct the regulator, or an authorised person, in the exercise of a power referred to in paragraph (1).

(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.

Annotations

Textual amendments

F1: Words in art. 40(1)(d)(i) inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 23(2)
F2: Words in art. 40(2) inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 23(3)
F3: Words in art. 40(3)(a) substituted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Subordinate Legislation) Regulations 2023 (S.I. 2023/1267), reg. 1(2), Sch. para. 59
F4: Word in art. 40(4)(a) omitted (14.4.2022) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2022 (S.I. 2022/454), arts. 2, 6(2)(a)
F5: Words in art. 40(4)(b)(ii) substituted (14.4.2022) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2022 (S.I. 2022/454), arts. 2, 6(2)(b)
F6: Art. 40(4)(c) inserted (14.4.2022) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2022 (S.I. 2022/454), arts. 2, 6(2)(c)

Commencement

I1: Art. 40 in force at 12.11.2020, see art. 2(1)