Outworking Bill - continued        House of Commons

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  S C H E D U L E
 
 

 
 
 
Enforcement
 
 
Enforcement authority
     1. - (1) For the purposes of this Act-
 
 
    (a) every local weights and measures authority in Great Britain is the enforcement authority for its area;
 
    (b) the Department of Enterprise, Trade and Investment, Northern Ireland is the enforcement authority for Northern Ireland.
      (2) An enforcement authority must enforce this Act within its area.
 
 
Powers of officers of enforcement authority
     2. - (1) If a duly authorised officer of an enforcement authority has reasonable grounds for suspecting that an offence under section 2 or 3 has been committed, he may act under sub-paragraphs (2) to (5) for the purpose of ascertaining whether the offence has been committed.
 
      (2) The officer may enter any premises; and in this sub-paragraph "premises" includes any place (including any vehicle, ship or aircraft) but does not include premises used only as a dwelling.
 
      (3) The officer may require a person carrying on or employed in a business to produce any book or document relating to the business, and take copies of it or any entry in it.
 
      (4) If any information relating to the business is stored in any electronic form, the officer may require the person to produce the information-
 
 
    (a) in a visible and legible documentary form, or
 
    (b) in a form from which it can be produced in such a form,
       and he may take copies of it.
 
      (5) The officer may inspect any goods.
 
      (6) If the officer has reasonable grounds for believing that any documents or goods may be required as evidence in proceedings for the offence, he may seize and detain them.
 
      (7) An officer exercising the power to seize documents or goods under sub-paragraph (6) must inform the person from whom they are seized.
 
      (8) The powers of an officer under this paragraph may be exercised by him only at a reasonable hour and on production (if required) of his credentials.
 
      (9) This paragraph does not-
 
 
    (a) require a person to produce a document which is an item subject to legal privilege, or
 
    (b) authorise the taking possession of such a document.
      (10) An officer entering any premises by virtue of sub-paragraph (2) may take with him such other persons as appear to him to be necessary.
 
      (11) In this paragraph "item subject to legal privilege" must be construed in accordance with-
 
 
    (a) in relation to England and Wales, section 10 of the Police and Criminal Evidence Act 1984;
 
    (b) in relation to Scotland, section 33 of the Criminal Law (Consolidation) (Scotland) Act 1995;
 
    (c) in relation to Northern Ireland, the Police and Criminal Evidence (Northern Ireland) Order 1989.
 
Warrants
     3. - (1) A justice of the peace (or in Scotland a justice of the peace or a sheriff) may issue a warrant authorising an officer of an enforcement authority to enter any premises (if necessary by force) if he is satisfied that sub-paragraph (2) applies and-
 
 
    (a) that any relevant books, documents or goods are on, or that any relevant information stored in any electronic form is available from, the premises, and that production or inspection is likely to disclose the commission of an offence under section 2 or 3, or
 
    (b) that such an offence has been, is being or is about to be committed on the premises.
      (2) This sub-paragraph applies if-
 
 
    (a) admission to the premises has been or is likely to be refused and notice of intention to apply for a warrant under this paragraph has been given to the occupier;
 
    (b) an application for admission, or the giving of such a notice, would defeat the object of the entry;
 
    (c) the premises are unoccupied;
 
    (d) the occupier is temporarily absent and it might defeat the object of the entry to await his return.
      (3) Books, documents, goods and information are relevant for the purposes of sub-paragraph (1) if, under paragraph 2, a duly authorised officer may require them to be produced or inspected.
 
      (4) A warrant under sub-paragraph (1) may be issued only if-
 
 
    (a) in England and Wales, the justice of the peace is satisfied as there mentioned by written information on oath,
 
    (b) in Scotland, the justice of the peace or sheriff is so satisfied by evidence on oath, or
 
    (c) in Northern Ireland, the justice of the peace is so satisfied by complaint on oath.
      (5) A warrant under sub-paragraph (1) remains in force for a period of one month starting with the date of its issue.
 
      (6) An officer entering any premises in pursuance of a warrant under sub-paragraph (1) may take with him such other persons as appear to him to be necessary.
 
      (7) If an officer enters premises in pursuance of a warrant under sub-paragraph (1) and the premises are unoccupied or the occupier is temporarily absent the officer must leave the premises as effectively secured against trespassers as he found them.
 
      (8) In this paragraph "premises" includes any place (including any vehicle, ship or aircraft) but does not include premises used only as a dwelling.
 
 
Test responses
     4. - (1) For the purpose of ascertaining whether an offence under section 2 or 3 is being or is about to be committed an enforcement authority may respond (or authorise an officer of the authority to respond) to an outworking proposal or to an offer to provide information relating or purporting to relate to outworking proposals.
 
      (2) Such a response may include making any advance payment sought in the proposal or offer.
 
 
Prosecutions
     5. - (1) In section 130(1) of the Fair Trading Act 1973 (notice to Director General of Fair Trading of intended prosecution by local weights and measures authority in England and Wales), after "the Timeshare Act 1992" insert "or for an offence under section 2 or 3 of the Outworking Act 2001,".
 
      (2) Paragraph 1 does not authorise a local weights and measures authority to bring proceedings in Scotland for an offence.
 
 
Obstruction of officers
     6. - (1) A person commits an offence if he-
 
 
    (a) intentionally obstructs an officer of an enforcement authority acting in pursuance of this Schedule,
 
    (b) fails to comply with a requirement made of him by such an officer under paragraph 2(3) or (4), or
 
    (c) fails to give such an officer any other assistance or information which the officer may reasonably require of him for the purpose of the performance of the officer's functions under this Schedule.
      (2) But a person does not commit an offence under paragraph (b) or (c) of sub-paragraph (1) if he has a reasonable excuse for the failure mentioned in that paragraph.
 
      (3) A person guilty of an offence under sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
 
      (4) A person commits an offence if, in giving any such information as is mentioned in sub-paragraph (1)(c)-
 
 
    (a) he makes a statement which he knows is false in a material particular, or
 
    (b) he recklessly makes a statement which is false in a material particular.
      (5) A person guilty of an offence under sub-paragraph (4) is liable-
 
 
    (a) on summary conviction, to a fine not exceeding the statutory maximum;
 
    (b) on conviction on indictment, to a fine.
 
Impersonation of officers
     7. - (1) A person commits an offence if he is not a duly authorised officer of an enforcement authority but he purports to act as such under this Schedule.
 
      (2) A person guilty of such an offence is liable-
 
 
    (a) on summary conviction, to a fine not exceeding the statutory maximum;
 
    (b) on conviction on indictment, to a fine.
 
Disclosure of information
     8. - (1) A person commits an offence if he discloses to another any information obtained by him by virtue of this Schedule.
 
      (2) But a person does not commit such an offence if the disclosure-
 
 
    (a) is made in or for the purpose of the performance by him or any other person of any function under this Act, or
 
    (b) falls within section 38(2)(a) to (c) of the Consumer Protection Act 1987.
      (3) A person guilty of an offence under sub-paragraph (1) is liable-
 
 
    (a) on summary conviction, to a fine not exceeding the statutory maximum;
 
    (b) on conviction on indictment, to a fine.
 
Privilege against self-incrimination
     9. This Schedule does not require a person to answer any question or give any information if to do so might incriminate him.
 
 
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Prepared 29 January 2001