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CONVEYANCERS LICENSING ACT 2003 - SECT 146
Powers of entry, inspection etc
146 Powers of entry, inspection etc
(1) An authorised officer may exercise the powers conferred by this section
for the purpose of-- (a) ascertaining whether the provisions of this Act or
the regulations are being complied with or have been contravened, or
(b)
investigating a complaint made or intended to be made under this Act, or
(c)
obtaining evidence, records or information in relation to a matter that
constitutes or may constitute a contravention of this Act or the regulations.
(2) An authorised officer may enter and inspect at any reasonable time any
premises that the officer believes on reasonable grounds are being used for
the carrying on of a conveyancing business, whether or not the business is
being carried on by a licensee.
(3) While on premises entered under this
section or under the authority of a search warrant under this Part, an
authorised officer may do any one or more of the following-- (a) require any
person on those premises to produce any records in the possession or under the
control of that person relating to the conduct of the conveyancing business,
and (in the case of records stored electronically) to produce any such record
in written form,
(b) inspect, take copies of or extracts from, or make notes
from, any such records, and for that purpose may take temporary possession of
any such records,
(c) take possession of any such records if the
authorised officer considers it necessary to do so for the purpose of
obtaining evidence or protecting evidence from destruction,
(d) take such
photographs, films and audio, video and other recordings as the
authorised officer considers necessary,
(e) require any person on those
premises to answer questions or otherwise furnish information in relation to
the carrying on of the conveyancing business or a contravention of a provision
of this Act or the regulations,
(f) require the owner or occupier of those
premises to provide the authorised officer with such assistance and facilities
as is or are reasonably necessary to enable the authorised officer to exercise
the functions of an authorised officer under this section.
(4) An
authorised officer is not entitled to enter a part of premises used for
residential purposes, except-- (a) with the consent of the occupier of the
part, or
(b) under the authority of a search warrant.
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