Powers in relation to documents
135.Paragraph 9 of the schedule, which must be read with paragraph 1, details the powers that a Trading Standards officer has in relation to documents. The powers are detailed in paragraph 9(1), but paragraph 1(3) of the schedule limits the use of such powers to where the officer has reason to suspect that an offence is being committed. And an officer cannot require the production of a document which is legally privileged (such as a letter from a solicitor giving legal advice).
136.It is worth noting for these purposes that “document” takes its meaning from schedule 1 of the Interpretation and Legislative Reform (Scotland) Act 2010, namely: “document” means anything in which information is recorded in any form (and references to producing a document are to be read accordingly). This is a broad definition and includes information stored in electronic formats. Where the document is in electronic format, the officer may require a copy of the document to be produced in a format that can be taken away. For example, this may be by printing out a page from a database or transferring information onto a portable storage device. However, a person can’t otherwise be asked to create a document (for example by bringing different sources of information together).
137.As with the power relating to the seizure of items other than documents, the officer must take reasonable steps to tell the person from whom the document is seized that it has been taken and provide a written record of what has been taken.