HL Deb 24 October 1990 vol 522 cc1459-60

148 Before Clause 82, insert the following clause:

Tying-in: enforcement

`.—(1) Every local weights and measures authority ("an authority") and the Director shall have the duty of enforcing sections (Tying-in arrangements in connection with residential property loans) to (Tying-in: offences) and any regulations made under them.

(2) Nothing in subsection (1) is to be taken as authorising a local weights and measures authority in Scotland to institute proceedings for an offence.

(3) Where an authority propose to institute proceedings for an offence under section (Tying-in: offences) they shall give the Director notice of the intended proceedings together with a summary of the facts on which the charges are to be founded.

(4) Where an authority are under a duty to give such a notice and summary they shall not institute the proceedings until—

  1. (a) the end of the period of 28 days beginning with the date on which they gave the required notice and summary; or
  2. (b) if earlier, the date on which the Director notifies them of receipt of the notice and summary.

(5) Every authority shall, whenever the Director requires, report to him in such form and with such particulars as he requires on the exercise of their functions under this section.

(6) A duly authorised officer of the Director or of an authority ("an authorised officer") who has reasonable cause to suspect that an offence may have been committed under section (Tying-in: offences) may, at any reasonable time—

  1. (a) enter any premises which are not used solely as a dwelling;
  2. (b) require any officer, agent or other competent person on the premises who is, or may be, in possession of information relevant to an investigation in connection with the provision made by section (Tying-in arrangements in connection with residential property loans) or (Tying-in arrangements: supplemental), to provide such information;
  3. (c) require the production of any document which may be relevant to such an investigation;
  4. (d) take copies, or extracts, of any such documents;
  5. (e) seize and retain any document which he has reason to believe may be required as evidence in proceedings for an offence under section (Tying-in: offences).

(7) Any authorised officer exercising any power given by subsection (6) shall, if asked to do so, produce evidence that he is such an officer.

(8) A justice of the peace may issue a warrant under this section if satisfied, on information on oath given by an authorised officer, that there is reasonable cause to believe that an offence may have been committed under section (Tying-in: offences) and that—

  1. (a) entry to the premises concerned, or production of any documents which may be relevant to an investigation in connection with the provision made by section (Tying-in arrangements in connection with residential property loans) or (Tying-in arrangements: supplemental), has been or is likely to be refused to the authorised officer; or
  2. (b) there is reasonable cause to believe that, if production of any such document were to be required by the authorised officer without a warrant having been issued under this section, the document would not be produced but would be removed from the premises or hidden, tampered with or destroyed.

(9) In the application of this section to Scotland, "justice of the peace" includes a sheriff and "information on oath" shall be read as "evidence on oath".

(10) A warrant issued under this section shall authorise the authorised officer (accompanied, where he considers it appropriate, by a constable or any other person)—

  1. (a) to enter the premises specified in the information, using such force as is reasonably necessary; and
  2. (b) to exercise any of the powers given to the authorised officer by subsection (6).

(11) If a person—

  1. (a) intentionally obstructs an authorised officer in the exercise of any power under this section;
  2. (b) intentionally fails to comply with any requirement properly imposed on him by an authorised officer in the exercise of any such power;
  3. (c) fails, without reasonable excuse, to give to an authorised officer any assistance or information which he may reasonably require of him for the purpose of exercising any such power; or
  4. (d) in giving to an authorised officer any information which he has been required to give to an authorised officer exercising any such power, makes any statement which he knows to be false or misleading in a material particular,
he shall be guilty of an offence.

(12) A person guilty of an offence under subsection (11) (a), (b) or (c) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(13) A person guilty of an offence under subsection (11) (d) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(14) Nothing in this section shall be taken to require any person to answer any question put to him by an authorised officer, or to give any information to an authorised officer, if to do so might incriminate him.

(15) In this section "document" includes information recorded in any form.

(16) In relation to information recorded otherwise than in legible form, references in this section to its production include references to producing a copy of the information in legible form.'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 148. I spoke to this amendment with Amendment No. 144.

Moved, That the House do agree with the Commons in their Amendment No. 148.—(The Lord Chancellor.)

On Question, Motion agreed to.