- (b) require any record which is stored in an electronic form and is accessible from the premises to be produced in a form—
- (i) in which it can be taken away, and
- (ii) in which it is visible and legible.
- (c) for the purpose of ascertaining (by testing or otherwise) whether there has been any such contravention, seize and detain samples of the product,
- (d) take copies of, or of an entry in, any records produced by virtue of sub-paragraph (a).
(5) If the officer has reasonable grounds for suspecting that there has been a contravention in relation to a product of a requirement imposed by or under these Regulations, he may—
- (a) for the purpose of ascertaining whether there has been any such contravention, require a person carrying on a commercial activity, or employed in connection with a commercial activity, to supply all necessary information relating to the activity, including by the production of records,
- (b) for the purpose of ascertaining whether there has been any such contravention, require any record which is stored in an electronic form and is accessible from the premises to be produced in a form—
- (i) in which it can be taken away, and
- (ii) in which it is visible and legible,
- (c) for the purpose of ascertaining (by testing or otherwise) whether there has been any such contravention, seize and detain samples of the product,
- (d) take copies of, or of an entry in, any records produced by virtue of sub-paragraph (a).
(6) The officer may seize and detain any products or records which he has reasonable grounds for believing may be required as evidence in proceedings for an offence in respect of a contravention of any requirement imposed by or under these Regulations.
(7) If and to the extent that it is reasonably necessary to do so to prevent a contravention of any requirement imposed by or under these Regulations, the officer may, for the purpose of exercising his power under paragraphs (4) to (6) to seize products or records—
- (a) require any person having authority to do so to open any container or to open any vending machine; and
- (b) himself open or break open any such container or machine where a requirement made under sub-paragraph (a) in relation to the container or machine has not been complied with.
Provisions supplemental to regulation 22 and search warrants etc.
23.—(1) An officer seizing any products or records shall, before he leaves the premises, provide to the person from whom they were seized a written notice—
- (a) specifying the products (including the quantity thereof) and records seized,
- (b) stating the reasons for their seizure, and
- (c) explaining the right of appeal under regulation 25.
(2) References in paragraph (1) and regulation 25 to the person from whom something has been seized, in relation to a case in which the power of seizure was exercisable by reason of the product having been found on any premises, are references to the occupier of the premises at the time of the seizure.
(3) If a justice of the peace—
- (a) is satisfied by written information on oath that there are reasonable grounds for believing either—
- (i) that any products or records which an officer has power to inspect under regulation 22 are on any premises and that their inspection is likely to disclose evidence that
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