Part 4: The Health Services Safety Investigations Body Investigatory Powers etc Section 118: Powers of entry, inspection and seizure
In carrying out its function of investigating incidents, the HSSIB will engage with those under investigation and those managing the organisations where the investigation is taking place. It is expected that in most cases, the staff and organisation will co-operate with the HSSIB investigators, consent to the investigators entry to premises and provide relevant documents. However, where consent is not given, section 118(1)(a) gives the HSSIB powers to enter and inspect premises in England.
	These are similar powers to investigatory bodies in other safety-critical industries, such as the Air Accident Investigation Branch (AAIB).
	If a HSSIB investigator considers it necessary for the purposes of an investigation they may enter and inspect premises in England; inspect and take copies of documents at the premises, or capable of being viewed using equipment at the premises, for example if the document is stored in the cloud; inspect any equipment or other item; and seize and remove any documents, equipment or items (unless doing so would put a patient’s safety at risk).
	Where any document, equipment or other item is seized by an investigator (including where a copy is taken), the HSSIB may retain it for as long as is necessary for the purposes of investigation (under section 118(3)).
	The power of entry does not apply to premises which are used wholly or mainly as a "private dwelling". An investigator can therefore only enter a private dwelling with consent. This could apply, for example, where domiciliary care is provided to a patient and would mean that an investigator would need to obtain consent from the resident before entering their home.
	If asked, an investigator must show evidence that they are acting on behalf of the HSSIB. This will normally be a letter of authority from the Chief Investigator.
	There are specific provisions which apply where the HSSIB wishes to enter premises in which there is a Crown interest. This may be for example, in prisons, other secure institutions and premises occupied by armed forces personnel, where health care is provided.
	Section 118(5) provides that the HSSIB must give reasonable notice to the occupier of the premises before exercising its powers of entry, inspection and seizure if there is a Crown interest in the premises. This will allow arrangements to be made to ensure the safety of the HSSIB investigators and to maintain security at the premises being inspected.
	If the Secretary of State believes that it is appropriate and in the interests of national security, the powers conferred by 118(1) can be limited through issuing a certificate. In summary these are powers of entry, inspection and seizure. This limitation can include restricting the exercise of the powers in relating to land where there is a Crown interest (as specified in the certificate), or restricting the powers so they are not exercisable in relation to premises which are specified, except in the circumstances outlined in the certificate. The definition of "Crown interest" is set out at section 118(7).