OpenLegislation

Paragraph 8 F1F2

United Kingdom

Powers of search etc

(1)

Subject to the following provisions of this Part, a duly authorised officer of F3OFCOM may at any reasonable hour and on production, if required, of his credentials exercise any of the powers conferred by the following provisions of this paragraph.

(2)

The officer may, for the purposes of ascertaining whether there has been any contravention of any regulation, inspect any apparatus and enter any premises other than premises occupied only as a person’s residence.

(3)

The officer may, for the purpose of ascertaining whether there has been any contravention of any regulation, examine any procedure (including any arrangements for carrying out a test) connected with the production of any apparatus.

(4)

If the officer has reasonable grounds for suspecting that there has been a contravention in relation to any apparatus of any regulation, he may—

(a)

for the purpose of ascertaining whether there has been any such contravention, require any person carrying on a business, or employed in connection with a business, to produce any documents or information relating to the business;

(b)

for the purpose of ascertaining (by testing or otherwise) whether there has been any such contravention, seize and detain the apparatus;

(c)

take copies of, or any entry in, any records produced by virtue of sub-paragraph (a) above.

(5)

The officer may seize and detain—

(a)

any apparatus or records which he has reasonable grounds for believing may be required as evidence in proceedings for an offence in respect of a contravention of any regulation;

(b)

any apparatus which he has reasonable grounds for suspecting may be liable to be forfeited under paragraph 21 or 22 below.

(6)

If and to the extent that it is reasonably necessary to do so to prevent a contravention of any regulation, the officer may, for the purpose of exercising his power under sub-paragraph (4) or (5) above to seize any apparatus or documents or information—

(a)

require any person having authority to do so to open any container; and

(b)

himself open or break open any such container where a requirement made under sub-paragraph (a) above in relation to the container has not been complied with.

Annotations

Textual amendments

F1

Regulations revoked (with savings) (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), regs. 1, 78(1) (with regs. 3-5, 77, 78(2)); and Regulations (as saved) modified (E.W.S.) (31.12.2020) by S.I. 2017/1206, reg. 78(2)(2A) (as amended by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 29 para. 45(3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1))

F2

Sch. 9 substituted (29.12.2003) by The Radio Equipment and Telecommunications Terminal Equipment (Amendment No. 2) Regulations 2003 (S.I. 2003/3144), regs. 1, 2(10)

F3

Word in Sch. 9 para. 8 substituted (1.10.2015) by The Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015 (S.I. 2015/1630), art. 1, Sch. 2 para. 34(2)(a)