Office of Public Sector Information

Regulations 15 and 21

SCHEDULE 8 Appeals

1.  An appeal must be made within two months of the date of, as appropriate, the non-conformity notice or the enforcement notice.

2.  In respect of—

(a) a non-conformity notice, the parties to the appeal may agree a late appeal;

(b) an enforcement notice, the appeal body may allow a late appeal.

3.  Where an appeal is brought, this does not suspend the operation of the notice.

4.  On the determination of an appeal, the appeal body may—

(a) affirm the notice;

(b) withdraw it;

(c) make a further notice, whether or not it affirms or withdraws the original notice,

and may do so subject to such conditions as the appeal body sees fit.

5.  An appeal body may deal with an appeal in such manner as it sees fit.

Regulation 20

SCHEDULE 9 Powers of enforcing authorities

PART 1 Powers of entry

1.  An authorised person—

(a) may enter any premises for the purposes of ensuring that the provisions referred to in regulation 18(1) are being complied with; and

(b) must produce, if so required, a document showing his authority.

2.  The power may be exercised—

(a) at all reasonable hours; or

(b) in an emergency, at any time and if need be by reasonable force.

3.  An authorised person may take with him—

(a) such other persons as he considers necessary, including a constable;

(b) any equipment or materials required for any purpose for which the power of entry is being exercised;

(c) any representative of the European Commission acting for the purpose of the enforcement of a Community obligation.

4.  A person entering unoccupied premises must leave them as effectively secured against unauthorised entry as he found them.

5.  Admission to any premises used only as a private dwelling-house must not be demanded as of right unless—

(a) 24 hours notice of the intended entry has been given to the occupier; or

(b) the entry is in accordance with a warrant.

6.  The reference to “premises” in relation to powers of entry includes any—

(a) place;

(b) caravan, vehicle or trailer;

(c) container;

(d) stall or moveable structure;

(e) ship or aircraft.

PART 2 Warrants

1.  If a justice of the peace, on sworn information in writing, is satisfied—

(a) that there are reasonable grounds to enter any premises; and

(b) that any of the conditions in paragraph 2 are met,

he may by warrant signed by him authorise an authorised person and any other person to enter the premises, if need be by reasonable force.

2.  The conditions referred to in paragraph 1—

(a) admission to the premises has been refused, or a refusal is expected, and in either case that notice to apply for a warrant has been given to the occupier;

(b) asking for admission, or the giving of such a notice, would defeat the object of the entry;

(c) entry is required urgently;

(d) the premises are unoccupied or the occupier is temporarily absent.

3.  A warrant continues in force for one month.

4.  Reference to a justice of the peace—

(a) in Scotland includes a sheriff;

(b) in Northern Ireland is a reference to a lay magistrate.

PART 3 Powers on entry

1.  An authorised person who has entered any premises in accordance with this Schedule may, on or in the vicinity of the premises,—

(a) carry out any examination or investigation;

(b) take measurements, photographs or recordings;

(c) take samples;

(d) dismantle any thing;

(e) subject any thing to any process or test;

(f) take possession of and detain any thing for so long as may be necessary—

(i) in relation to the exercise of any other powers under this Schedule;

(ii) to ensure that it is not tampered with before its examination is complete; or

(iii) to ensure that it is available for use in any proceedings;

(g) require the production of records or extracts of records and inspect and take copies of such records or extracts;

(h) require any person to afford him facilities and assistance in relation to matters within the control or responsibility of that person.

2.  An authorised person must avoid destruction or damage to the premises or things within it unless that is necessary in the reasonable exercise of his powers.

3.  If a person claims to be entitled to compensation in respect of the exercise of the powers under paragraph 1, such a claim—

(a) in England and Wales, must be referred to the arbitration of a single arbitrator appointed by agreement between the enforcing authority in question and the person who makes the claim or, in default of agreement, appointed by the Secretary of State;

(b) in Scotland, must be referred to the arbitration of an arbiter, appointed by agreement between the enforcing authority in question and the person who makes the claim or, in default of agreement, appointed by the Scottish Ministers; or

(c) in Northern Ireland, must be referred to and determined by the Lands Tribunal for Northern Ireland.