Part 3: Policing and investigation Chapter 2: Investigation of incidents by statutory inspectors Section 64: Powers in respect of premises
Subsection (1) enables inspectors to exercise the powers set out in subsection (2) in respect of any premises for the purposes of the investigation. For example, this will allow an inspector to obtain access to any land, including roads, buildings, dwellings, and vehicles where it is necessary for the purposes of an investigation.
	Subsection (2) defines the powers which inspectors may exercise in relation to premises. These include the power to enter and search the premises, examine any document equipment or other item or material on the premises, which includes operating a computer or other device to gain access to that information. Other powers include the power to seize and remove, or record any document, equipment or other item or material, and the power to require any person on the premises to provide information or assistance in furtherance of the above.
	Subsection (3) restricts the power of an inspector to seize and remove evidence from a scene when taking a photograph or copy is sufficient for achieving their investigative aims. For example, an inspector should refrain from seizing any evidence unless necessary to achieve their primary objectives or a technological solution is not sufficient.
	Subsection (4) gives inspectors the authority to take other persons, equipment, and materials with them for the purpose of assisting in the exercise of any of the powers set out in subsection (2). For example, an inspector may wish to bring a technician along, and/or make arrangements to bring relevant equipment to the premises, such as a laser scanner.
	Subsection (5) enables any persons taken onto the premises by an inspector can exercise the powers contained in subsection (2), but only if they are in the company and under the supervision of the inspector.
	Subsection (6) provides that the inspector or person exercising the powers in subsection (2), may use reasonable force (except in relation to persons) if it is necessary to do so, but only where they are accompanied by a police constable.  For example, this could include an inspector using reasonable force to open a locked box or drawer inside premises the inspector has entered.
	Subsection (7) provides that the powers in subsection (2) may only be exercised in accordance with a warrant issued by a justice of the peace, unless the inspector considers that the exercise of the powers is urgent and that waiting to seek consent, or a warrant would undermine the investigation.
	Subsection (8) sets out the test to be applied by a justice of the peace for granting a warrant under subsection (7). Paragraph (a) provides that a warrant may be granted only if the justice of the peace is satisfied that it is necessary for the purposes of the investigation to exercise the powers of entry as in subsection (2). Paragraph (b) provides that a warrant only authorises the exercise of those powers at a reasonable hour, only within one month beginning with the day on which the warrant is issued, and only on one occasion (unless the warrant specifies otherwise).  Paragraph (c) provides that a warrant may be granted subject to further conditions or limitations.
	Subsection (9) defines the obligations an inspector must meet when exercising powers of entry in relation to premises. Paragraph (a) states that an inspector must produce to the person in charge of the premises proof of identity and authority where requested. Paragraph (b) states that if the entry is made under warrant, an inspector must give a copy of the warrant to any person appearing to be in charge and if no copy is given during the period of entry, then an inspector must leave a copy of the warrant in a prominent place on the premises, and that a warrant must be returned to the court from which it was issued as soon as is reasonably practicable with an endorsement summarising the powers exercised under that warrant. Paragraph (c) states that if there is no one on the premises who appears to be in charge, inspectors must leave the premises secured against trespassers to the same standard as they found it. Paragraph (d) states that an inspector must retain a written record of the powers exercised in respect of the premises.
	Subsection (10) places a duty on the Secretary of State to arrange for publication of information on the exercise of powers under subsection (2) at intervals considered appropriate. For example, the Secretary of State could publish every six months a summary of the instances in which inspectors have exercised their powers during the previous six-month period.
	Subsection (11) confirms that if a warrant under subsection (7) is not executed, an inspector must return it to the court from which it was issued as soon as reasonably practicable. This must include an endorsement stating that it was not executed.
	Subsection (12) confirms that references in this section to a justice of the peace include a sheriff in Scotland.