Paragraph 9 F1F2
United Kingdom
Provisions supplemental to paragraph 8
An officer seizing any apparatus or records under paragraph 8 above shall inform the following persons that the apparatus or documents or information have been so seized, that is to say—
the person from whom they are seized; and
in the case of imported apparatus seized on any premises under the control of the Commissioners of Customs and Excise, the importer of the apparatus (within the meaning of the Customs and Excise Management Act 1979).
If a justice of the peace—
is satisfied by any written information on oath that there are reasonable grounds for believing either—
that any apparatus or documents or information which any officer has power to inspect under paragraph 8 above are on any premises and that their inspection is likely to disclose evidence that there has been a contravention of any regulation; or
that such a contravention has taken place, is taking place or is about to take place on any premises; and
is also satisfied by any such information either—
that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under this sub-paragraph has been given to the occupier; or
that an application for admission, or the giving of such a notice, would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await his return,
the justice may by warrant under his hand, which shall continue in force for a period of one month, authorise any officer of F3OFCOM to enter the premises, if need be by force.
An officer entering any premises by virtue of paragraph 8 above or a warrant under sub-paragraph (2) above may take with him such other persons and such equipment as may appear to him necessary.
On leaving any premises which a person is authorised to enter by a warrant under sub-paragraph (2) above, that person shall, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against trespassers as he found them.
If any person who is not an officer of OFCOM purports to act as such under paragraph 8 or this paragraph he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Where any apparatus seized by an officer under paragraph 8 above is submitted to a test, the officer shall inform the persons mentioned in sub-paragraph (1) above of the result of the test and, if—
proceedings are brought for an offence in respect of a contravention in relation to the apparatus of any regulation or for the forfeiture of the apparatus under paragraph 21 or 22, or a suspension notice is served in respect of any apparatus; and
the officer is requested to do so and it is practicable to comply with the request,
the officer shall allow any person who is a party to the proceedings or, as the case may be, has an interest in the apparatus to which the notice relates to have the apparatus tested.
In the application of this paragraph to Scotland, the reference in sub-paragraph (2) above to a justice of the peace shall include a reference to a sheriff and the references to written information on oath shall be construed as references to evidence on oath.
In the application of this paragraph to Northern Ireland, the references in sub-paragraph (2) above to any information on oath shall be construed as references to any complaint on oath.
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. 9 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)