Enforcement officer’s power of entry and examination without warrant

Heading: inserted, on 7 October 2011, by section 18 of the Trade Marks Amendment Act 2011 (2011 No 71).

134D Enforcement officer’s power of entry and examination without warrant

(1)

For the purpose of carrying out his or her functions, an enforcement officer may enter and examine any place (place A) where goods are being offered for sale, exposed for sale, or publicly displayed if—

(a)

place A is in a public place and the entry is made when place A is open to the public; or

(b)

place A is a place of business and the entry is made—

(i)

when it is open for carrying on business; and

(ii)

only to those parts of it that are open to the public; or

(c)

the occupier of place A consents to the entry and examination after the enforcement officer has informed the occupier—

(i)

of the purpose of the entry and examination; and

(ii)

that the occupier may refuse to give consent to the entry and examination; and

(iii)

that the occupier may revoke his or her consent at any time; and

(iv)

that any thing seized during the examination may be used in evidence in proceedings.

(2)

In subsection (1),—

place A

(a)

includes (without limitation)—

(i)

a structure or tent, whether fully or partly erected; and

(ii)

a stand or stall; and

(iii)

a vehicle; and

(iv)

a caravan, trailer, or other conveyance; but

(b)

does not include a private dwellinghouse

public place means any place that is open to or being used by the public, with or without payment by the public of a charge.

(3)

For the purposes of this section, any person who appears to be under 14 years of age may not be treated as the occupier.

Section 134D: inserted, on 7 October 2011, by section 18 of the Trade Marks Amendment Act 2011 (2011 No 71).