The Act Schedule 2—Investigatory powers of a local weights and measures authority (Trading Standards) General
133.Paragraph 1 of schedule 2 sets out some overarching limits governing the use of the investigatory powers conferred on Trading Standards(6) by virtue of the schedule. In the main, Trading Standards may use the powers for investigating if offences are being committed under sections 5 and 22.(7) However, to be able to use the more intrusive powers (such as seizing items or documents, requiring information to be produced or seeking a search warrant) a Trading Standards officer has to reasonably suspect that an offence is being committed.
134.In addition, where the powers relate to taking entry to premises, the provisions make clear that access to a private dwelling may only occur where a warrant has been obtained from a sheriff.