Rag Flock and Other Filling Materials Act 1951 (repealed 6.1.1997)
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Change 1
13 Powers of entry and inspection.
(1) An authorised officer of a local authority shall, on producing if so required some duly authenticated document showing his authority, have a right at all reasonable times to enter— (a) any premises registered or licensed under this Act; (b) any premises where he has reasonable grounds for believing that filling materials to which this Act applies or articles upholstered or otherwise stuffed or lined with filling materials to which this Act applies are held for sale or offered or exposed for sale; (c) any premises which he has reasonable grounds for believing ought to be registered under this Act; (d) any premises where he has reasonable grounds for believing that rag flock is being manufactured or kept with a view to its use, or sale for use, on premises which are or ought to be registered under this Act; and may inspect the premises and any such materials or articles as aforesaid found therein. (2) Where application is made for the grant or renewal of a licence under this Act, an authorised officer of the local authority shall, on producing if so required some duly authenticated document showing his authority, have a right at all reasonable times to enter both the premises in respect of which the application is made and any other premises in the same building (except premises used as a private dwelling) with a view to ascertaining whether the licence ought to be granted. (3) An authorised officer entering premises under subsection (1) of this section— (a) where the premises are registered or licensed under this Act, may require the occupier or the person in charge of the premises to produce the records kept for the premises in accordance with section nine of this Act; (b) where the premises are not registered or licensed under this Act or where a requirement under the foregoing paragraph is not complied with, may require any person carrying on any business on the premises or employed in connection therewith to produce any books, accounts or records relating to the business and to furnish any information relating to any such materials or articles as aforesaid on the premises. (4) An authorised officer may make copies of, or extracts from, any document produced to him under this section. (5) Where an authorised officer finds on any premises entered under subsection (1) of this section any filling materials or articles in respect of which he has grounds for believing that an offence has been committed under this Act, he may require the occupier of the premises to keep them on the premises and to take such steps as appear to the officer to be necessary to secure that they shall not be moved or tampered with by any person: Provided that the occupier shall not be required to keep them for more than one month, except where within one month of the requirement being made summary proceedings have been instituted in respect of them, and then not after those proceedings have been finally disposed of. (6) No information which has been obtained under or by virtue of this section shall be disclosed without the consent of the person for the time being carrying on the trade or business to which it relates except in connection with the execution of this Act or for the purposes of any proceedings pursuant thereto or any report of such proceedings, and any person who discloses any information in contravention of this subsection shall be guilty of an offence.
13 Powers of entry and inspection.
(1) An authorised officer of a local authority shall, on producing if so required some duly authenticated document showing his authority, have a right at all reasonable times to enter— (a) any premises registered or licensed under this Act; (b) any premises where he has reasonable grounds for believing that filling materials to which this Act applies or articles upholstered or otherwise stuffed or lined with filling materials to which this Act applies are held for sale or offered or exposed for sale; (c) any premises which he has reasonable grounds for believing ought to be registered under this Act; (d) any premises where he has reasonable grounds for believing that rag flock is being manufactured or kept with a view to its use, or sale for use, on premises which are or ought to be registered under this Act; and may inspect the premises and any such materials or articles as aforesaid found therein. (2) Where application is made for the grant or renewal of a licence under this Act, an authorised officer of the local authority shall, on producing if so required some duly authenticated document showing his authority, have a right at all reasonable times to enter both the premises in respect of which the application is made and any other premises in the same building (except premises used as a private dwelling) with a view to ascertaining whether the licence ought to be granted. (3) An authorised officer entering premises under subsection (1) of this section— (a) where the premises are registered or licensed under this Act, may require the occupier or the person in charge of the premises to produce the records kept for the premises in accordance with section nine of this Act; (b) where the premises are not registered or licensed under this Act or where a requirement under the foregoing paragraph is not complied with, may require any person carrying on any business on the premises or employed in connection therewith to produce any books, accounts or records relating to the business and to furnish any information relating to any such materials or articles as aforesaid on the premises. (4) An authorised officer may make copies of, or extracts from, any document produced to him under this section. (5) Where an authorised officer finds on any premises entered under subsection (1) of this section any filling materials or articles in respect of which he has grounds for believing that an offence has been committed under this Act, he may require the occupier of the premises to keep them on the premises and to take such steps as appear to the officer to be necessary to secure that they shall not be moved or tampered with by any person: Provided that the occupier shall not be required to keep them for more than one month, except where within one month of the requirement being made summary proceedings have been instituted in respect of them, and then not after those proceedings have been finally disposed of. (6) No information which has been obtained under or by virtue of this section shall be disclosed without the consent of the person for the time being carrying on the trade or business to which it relates except in connection with the execution of this Act or for the purposes of any proceedings pursuant thereto or any report of such proceedings, and any person who discloses any information in contravention of this subsection shall be guilty of an offence.
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