The REACH Enforcement Regulations 2008

1.  The powers of an authorised person are— U.K.

(a) at any reasonable time (or, in a situation which the authorised person believes is or may be dangerous, at any time) to enter any premises which that person has reason to believe it is necessary to enter;

(b) to be accompanied by a constable if the authorised person has reasonable cause to apprehend any serious obstruction in the execution of that person’s duty;

(c) without prejudice to the preceding sub-paragraph, on entering any premises by virtue of sub-paragraph (a) to—

(i) be accompanied by any other person duly authorised by the authorised person’s enforcing authority; and

(ii) take any equipment or materials required for any purpose for which the power of entry is being exercised.

(d) to make such examination and investigation as may in any circumstances be necessary for the purpose for which the power is being exercised;

(e) as regards any premises which the authorised person has power to enter, to direct that those premises or any part of them, or anything therein, must be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under sub-paragraph (d);

(f) to take such measurements and photographs and make such recordings as the authorised person considers necessary for the purpose of any examination or investigation under sub-paragraph (d);

(g) to take samples of any thing found in any premises which the authorised person has power to enter and of the atmosphere in or in the vicinity of any such premises;

(h) in the case of any thing found in any premises which the authorised person has power to enter and which appears to be in contravention of a listed REACH provision, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless this is in the circumstances necessary);

(i) in the case of any such thing as is mentioned in sub-paragraph (h), to take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely—

(i) to examine it and do to it anything which the authorised person has power to do under that sub-paragraph;

(ii) to ensure that it is not tampered with before the authorised person’s examination of it is completed;

(iii) to ensure that it is available for use as evidence in any proceedings for an offence under regulation 11 or 13.

(j) to require any person whom the authorised person has reasonable cause to believe to be able to give any information relevant to any examination or investigation under sub-paragraph (d) to answer (in the absence of persons other than a person nominated by that person to be present and any persons whom the authorised person may allow to be present) such questions as the authorised person thinks fit to ask and to sign a declaration of the truth of that person’s answers;

(k) to require the production of, inspect, and take copies of or of any entry in—

(i) any books or documents which by virtue of any of the listed REACH provisions are required to be kept; and

(ii) any other books or documents which it is necessary for the authorised person to see for the purposes of any examination or investigation under sub-paragraph (d);

(l) to require any person to afford the authorised person such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the authorised person to exercise any of the powers conferred upon the authorised person by this Part;

(m) to seize and cause to be rendered harmless (whether by destruction or otherwise) any thing which is found by the authorised person in any premises and which the authorised person has reasonable cause to believe that, in the circumstances in which it is found is a cause of imminent danger of serious personal injury.

(n) any other power which is necessary for the purpose of carrying out the enforcement duty.