Section 114 Supplementary provisions as to rights of entry and related rights.C7C1C2C3C4C5C6
United Kingdom
Any person entering any property (that is to say, any premises, ship, F1... vehicle, stall or place) by virtue of section 111 of this Act (whether in pursuance of a warrant or not) may take with him such other persons and such equipment as may appear to him to be necessary; and on leaving any such property which he has entered in pursuance of a warrant under that section he shall, if the property is unoccupied or the occupier (or, in the case of a ship, ... vehicle, stall or place, the masterF2... or other person in charge of it) is temporarily absent, leave it as effectively secured against trespass as he found it.
Any person who—
wilfully obstructs a person acting in pursuance of this Act and duly authorised so to act by an enforcement authority, or
wilfully fails to comply with any requirement properly made to him by a person so acting under section 112 of this Act, or
without reasonable cause fails to give to a person so acting any other assistance or information which that person may reasonably require of him for the purpose of the performance of his functions under this Act,
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F3level 3 on the standard scale
If any person, in giving any such information as is mentioned in subsection (2)(c) of this section, makes any statement which he knows to be false, he shall be guilty of an offence and shall be liable—
on summary conviction, to a fine not exceeding £400;
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Nothing in this section shall be construed as requiring a person to answer any question or give any information if to do so might incriminate that person or (where that person is F4 married or a civil partner) the spouse or civil partner of that person.
Annotations
Textual amendments
- F1
Word in s. 114(1) omitted (14.8.2012) by virtue of The Human Medicines Regulations 2012 (S.I. 2012/1916), reg. 1(2), Sch. 34 para. 23(a) (with Sch. 32)
- F2
Word in s. 114(1) omitted (14.8.2012) by virtue of The Human Medicines Regulations 2012 (S.I. 2012/1916), reg. 1(2), Sch. 34 para. 23(b) (with Sch. 32)
- F3
Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c.21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I. 1984/703 (N.I. 3), arts. 5, 6
- F4
Words in s. 114(4) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33) , s. 263(10)(b) , Sch. 27 para. 32 ; S.I. 2005/3175 , art. 2(2)
Modifications
- C1
S. 114 modified (30.1.1992) by S.I. 1992/32, reg. 12(1)(2)
S. 114 applied (1.1.1995) by S.I. 1994/3142, reg. 18(2)
S. 114 applied (with modifications) (1.1.1995) by S.I. 1994/3144, reg.10, Sch. 4
S. 114 applied (31.3.1997) by S.I. 1997/322, reg. 34, Sch.5
S. 114 applied (1.2.2000) by S.I. 2000/7, reg. 5
- C2
Ss. 108-114 applied (with modifications) (1.7.1992) by S.I. 1992/1520, reg.12.
- C3
Ss. 108-115 modified (3.4.1992) by S.I. 1992/605, regs. 2(3), 3
Ss. 108-115 applied (3.10.1994) by S.I. 1994/2328, reg. 11(c)
- C4
Ss. 107-116 applied (with modifications) (1.5.2004) by Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031), regs. 1, 47, Schs. 9
- C5
Ss. 111-116 applied (with modifications) (30.10.2005) by Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005 (S.I. 2005/2750) , regs. 1(a) , 11 , Schs. 4 (with Sch. 6 )
- C6
Ss. 107-116 amendment to earlier affecting provision SI 2004/1031 reg. 47 Sch. 9 (29.8.2006) by Medicines for Human Use (Clinical Trials) Amendment Regulations 2006 (S.I. 2006/1928), regs. 1(1), 32
- C7
Pt. VIII (ss. 104–136) extended by S.I.s 1982/425, art. 3, 1984/187 art. 2; and extended with modifications by S.I. 1985/403, art. 3(1)
Notes on Part VIII
Modifications
- C1
Pt. VIII (ss. 104–136) extended by S.I. 1982/425, art. 3; and S.I. 1984/187 art. 2; and extended (with modifications) by S.I. 1985/403, art. 3(1)