Part 10Further criminal measures

Sale of spray paint to children

125Offences under sections 122 and 123: powers of entry, inspection and seizure

1

Subject to subsection (3), an authorised officer of a local authority may at any reasonable hour exercise any of the powers conferred by subsections (4) to (7).

2

In subsection (1), “authorised officer”, in relation to a local authority, means an officer of the authority authorised in writing by it for the purposes of this section.

3

An officer seeking to exercise a power mentioned in subsection (1) shall, if requested, produce evidence of identity and authorisation.

4

The officer may, for the purpose of ascertaining whether a relevant offence has been committed—

a

inspect any goods; and

b

enter any premises (other than premises used only as a dwelling).

5

If the officer has reasonable cause to suspect that a relevant offence has been committed, the officer may, for the purpose of ascertaining whether it has been committed—

a

require any person carrying on, or employed in connection with, a business, to produce any records relating to the business; and

b

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

6

If the officer has reasonable cause to believe that a relevant offence has been committed, the officer may, for the purpose of ascertaining, by testing or otherwise, whether it has been committed, seize and detain any goods.

7

The officer may seize and detain any goods or records which the officer has reason to believe may be required as evidence in proceedings for a relevant offence.

8

In this section, “relevant offence” means an offence under section 122(1) or 123(4).