London Local Authorities (Shopping Bags) Bill
 

SCHEDULE

Section 7

POWERS OF AUTHORISED OFFICERS

Powers

An authorised officer may—
(a)require any retailer, and any employee of a retailer, to give all reasonable assistance, including information and explanations about the acquisition, retention, supply and disposal of non-exempt shopping bags;
(b)at all reasonable times, enter premises in which the officer reasonably believes there to be—
(i)non-exempt shopping bags held for provision to customers; or
(ii)records relating to such bags,
and carry out there such search and investigation, and take such particulars relevant to compliance with the Act, as the officer may consider to be proper; and
(c)remove and retain, for such period as may be reasonable for further examination or copying or for the purposes of any proceedings in relation to the shopping bag prohibition, all records and documents kept for the purposes of the Act.
In exercising any of the above powers the authorised person may be accompanied by such other persons as may be necessary.
Where information which is to be produced under this Schedule is held in a non-legible form the authorised officer may require the person holding the information to produce it in a permanent legible form.

Restrictions and safeguards

The powers of authorised officers under this Act are to be exercised only for the purpose—
(a)of ascertaining whether a person is complying with the Act; or
(b)of preparing for the issuing of a penalty charge notice for non-compliance.
An authorised officer shall, if required to do so, produce written evidence of his authority.
If exercising the powers conferred by paragraph 1(a), the authorised officer shall serve a notice setting out the time and place where the requirement is to be met, and the form and manner in which any assistance is to be provided.
7 (1)The authorised officer shall give at least 24 hours notice of intention to exercise the powers conferred by paragraph 1(b) or (c).
(2)The notice shall be given to the occupier of the premises where the power is to be exercised.
(3)Sub-paragraphs (1) and (2) do not prevent the authorised officer from exercising the powers conferred by paragraph 1(b) or (c) without notice if a warrant has been obtained under paragraph 9.
The powers conferred by paragraph 1(b) or (c) may not be exercised by force unless a warrant has been obtained under paragraph 9.
9 (1)A justice of the peace may grant a warrant for the exercise of any power conferred by paragraph 1(b) or (c) if satisfied, by evidence on oath, that there are reasonable grounds for the exercise of the power in relation to specified premises and that any of the following conditions is satisfied—
(a)that the exercise of the power in relation to the premises has been refused;
(b)that such refusal is reasonably anticipated;
(c)that the premises are unoccupied;
(d)that the occupier is temporarily absent from the premises; or
(e)that a notice of intention to exercise the power in relation to the premises would defeat the object of the exercise of the power.
(2)A justice of the peace shall not issue a warrant by virtue only of sub-paragraph 1(b) or (c) unless also satisfied that notice of intention to apply for the warrant was given to the occupier of the premises or that the giving of such notice would have defeated the object of the exercise of the power.
(3)A warrant under this paragraph continues in force until the purposes for which the warrant was issued have been fulfilled or the expiry of such period as the warrant may specify.
10 An authorised officer who has entered premises by force shall leave the premises in as secure a condition as they were in before they were entered.
11 (1)An authorised officer shall, if requested—
(a)promptly provide a receipt for any records or documents removed;
(b)grant the owner of the records or documents removed, or an agent of the owner, access to the records or documents removed and a reasonable opportunity, if necessary under supervision, to take copies of the items removed; and
(c)provide free of charge a copy of any document removed if the copy is reasonably required for business reasons.
(2)An authorised officer need not grant access under sub-paragraph (1)(b) if the officer reasonably considers that to do so would prejudice the investigation.

Evidence

12 A copy or photograph of a document produced to or seized by an authorised officer under this Act, and certified as a true copy by the authorised officer, is admissible in evidence to the same extent as the original.

 
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© Parliamentary copyright 2007
Prepared 1 December 2007