Part 3: Touting, Advertising and Trading Offences Schedule 3 – Further provision about enforcement Additional powers of search and seizure
Paragraph 3 provides for additional powers of search and seizure where an officer is in a public place (other than in reliance on a power in paragraph 23(1) or 32 of Schedule 5 to the 2015 Act) and the officer reasonably suspects that a person has committed, is committing or is about to commit a relevant offence. This is intended, for example, to provide that officers are able to act against itinerant traders in a public place who are not trading from premises.
	Paragraph 3(2) provides that an officer may search or examine, seize and detain an item in the person’s possession or control.
	Paragraph 3(3) makes clear that items may only be seized where it is appropriate to stop an offence or prevent it continuing, or to enable the item to be used as evidence.
	Paragraph 4 provides that the power to break open a container as provided by the Consumer Rights Act at paragraph 31 of Schedule 5 is available to an enforcement officer for the purpose of exercising the power conferred by paragraph 3 (i.e. where a person is not trading from premises).