SCHEDULES

C1SCHEDULE 8Inspectors

Annotations:
Modifications etc. (not altering text)

C1PART 3Other powers exercisable by inspector if authorised by instrument of appointment

Power to deal with cause of imminent danger

I1C110

1

Sub-paragraph (2) applies where an inspector finds any article or substance in relevant premises in circumstances in which the inspector has reasonable cause to believe it is a cause of imminent danger of serious personal injury.

2

The inspector may, if authorised, do any of the following—

a

seize the article or substance;

b

cause it to be made harmless or the risk of harm from it to be reduced (in either case, by destruction or otherwise);

c

for the purpose mentioned in paragraph (b), seize any other article or substance.

3

Before any article that forms part of a batch of similar articles, or any substance, is dealt with under sub-paragraph (2)(b), the inspector must, if it is practicable,—

a

take a sample, and

b

give a portion of the sample, marked so as to be identifiable, to a responsible person.

4

As soon as practicable after seizing or dealing with any article or substance under sub-paragraph (2), the inspector must make and sign a written report setting out the circumstances in which the article or substance was seized or so dealt with.

5

The inspector must give a signed copy of the report to a responsible person.

6

If that person is not the owner of the article or substance, the inspector must also—

a

give a signed copy of the report to the owner, or

b

if that is not possible because—

i

the inspector cannot find out the owner's name or address after making reasonable enquiries, and

ii

the owner has not indicated a willingness in accordance with section 110 to receive a signed copy of the report by any means mentioned in subsection (1)(b) of that section,

give a further signed copy of the report to that responsible person.

7

For the purposes of this paragraph—

a

“responsible person”, in relation to any article or substance, means a responsible person at the premises in which the inspector finds the article or substance;

b

in the case of a report in electronic form, any signature required on the report or a copy of it may be an electronic signature (within the meaning given in section 7(2) of the Electronic Communications Act 2000).