Power to enter premises without warrant
21.—(1)  In connection with an investigation under section 19(1), an investigation officer and any other persons that the Commission has authorised in writing to accompany and assist the investigation officer (called in this section an authorised assistant) may enter any premises reasonably suspected of being used by the person under investigation in connection with an unfair practice.
[25/2016; 10/2018]
(2)  An investigation officer or authorised assistant must not enter any premises in the exercise of the powers under this section unless the investigation officer has given the occupier of the premises a written notice which —
(a)gives at least 2 working days’ notice of the intended entry;
(b)indicates the subject matter and purpose of the investigation; and
(c)is accompanied with a copy of the offences under sections 27, 28, 29 and 30.
[25/2016]
(3)  Subsection (2) does not apply if the investigation officer has taken all the steps that are reasonably practicable to give notice but has not been able to do so.
[25/2016]
(4)  Where subsection (3) applies, the power of entry conferred by subsection (1) may be exercised on the production of —
(a)evidence of the investigation officer’s authorisation and the authorisation of every authorised assistant accompanying the investigation officer; and
(b)a document containing the information mentioned in subsection (2)(b) and (c).
[25/2016]
(5)  An investigation officer or authorised assistant entering any premises under this section may —
(a)inspect and search the premises;
(b)take any photograph or audio or video recording that the investigation officer or authorised assistant thinks necessary, of the premises and persons on the premises reasonably believed to be acquainted with the facts and circumstances relevant to the investigation;
(c)seize and detain any goods found on the premises that the investigation officer or authorised assistant reasonably believes to be relevant to the investigation, and carry out an examination of the goods to ascertain whether the supplier concerned has engaged in any unfair practice under investigation;
(d)bring any equipment which the investigation officer or authorised assistant considers to be necessary;
(e)require any person on the premises —
(i)to produce any document which the investigation officer or authorised assistant considers relevant to the investigation;
(ii)if the document is produced, to provide an explanation of it; and
(iii)if the document is not produced, to state, to the best of the person’s knowledge and belief, where the document is to be found;
(f)take copies of, or extracts from, any document that is produced;
(g)if the investigation officer or authorised assistant considers any information that is stored in any electronic form and is accessible from the premises to be relevant to the investigation, require that information to be produced in a form in which the information —
(i)can be taken away; and
(ii)is visible and legible; and
(h)take any step which appears to be necessary to preserve or prevent interference with any document which the investigation officer or authorised assistant considers relevant to the investigation.
[12I
[25/2016]