44.This section enables an enforcement officer, without warrant – but only with the permission of the occupier, or of another person with the legal authority to give such permission, for instance an owner or tenant of the property – to enter and search a place (and any vehicle, vessel, container or other thing at that place) where the officer reasonably believes that a Championship offence has been or is being committed or which the officer reasonably believes has been or is being used in connection with the commission of a Championship offence.
45.This power to enter and search does not give an enforcement officer the power to search an individual, or to access data which is stored electronically (for instance, on a smartphone or laptop).
46.Where an enforcement enters a place using this power, the enforcement officer must take reasonable steps to leave the place at least as effectively secured against unauthorised entry as the officer found it (subsection (3)). As set out in subsection (4), the power to enter and search is subject to the restrictions in section 24 (use of reasonable force), section 25 (further restrictions on entering houses) and section 27 (requirement to produce evidence of identity and authority).
47.Section 23 of the Act allows an enforcement officer to take with them any other person or equipment necessary for the purposes of assisting the officer. This could, for example, be a locksmith in order to gain access or a tow truck operator. A third party of this kind may only act under the direction of the enforcement officer.
The Act Enforcement powers Section 22: Power to enter and search