Commentary on Sections Section 7 and the Schedule: Enforcement by local authorities
30.Section 7 imposes a duty on local authorities (as defined in section 12) to enforce in their area the provisions of section 2, and to appoint officers (“authorised officers”) for this purpose. By virtue of section 12(2), if a local authority assigns any functions under this Act to a port health authority by an order under section 2 of the Public Health (Control of Disease) Act 1984, references in the Act to a “local authority” would be read as references to a “port health authority” for the purpose of those functions.
31.The Schedule sets out the enforcement powers available to authorised officers.
32.Paragraph 2 enables an authorised officer to enter premises (other than domestic premises as defined in section 12) where the officer believes a sunbed business is being carried on (paragraph (a)). Additionally, to the extent necessary to enforce section 2, paragraph 2 enables the authorised officer to (i) carry out inspections of the premises (paragraph (b)), and to require the production, inspection, taking copies and taking possession of any book, document or record, request information (paragraphs (c) and (d)) and (ii) require a person to give information, or afford such facilities and assistance as the officer thinks necessary (paragraph (e)). If the authorised officer takes possession of anything under paragraph (d), the officer must leave on the premises a statement explaining what the officer has taken and the fact that possession of it has been taken (see paragraph 8). The requirement to give information under paragraph (e) does not extend to information which a person could refuse to give in Court. This includes legally privileged material and information which is self-incriminating (see paragraph 4).
33.The enforcement powers under paragraph 2 are only exercisable where, if asked to do so, the authorised officer produces his written authority.
34.Paragraph 3 enables the authorised officer to carry out ‘test-purchasing’ exercises.
35.Paragraph 5 enables a Justice of the Peace to issue a warrant authorising an authorised officer to enter any premises (using reasonable force if necessary), other than premises used wholly or mainly as someone’s home.
36.Paragraph 6 enables an authorised officer entering premises under paragraph 2 or under warrant to take with him or her such other people, or bring with him or her such equipment as he or she thinks necessary.
37.Paragraph 7 requires that an authorised officer who has entered permanently or temporarily unoccupied premises under a warrant must effectively secure those premises against trespassers on leaving.