§ 33 — Powers of entry, etc., at premises

33.—(1) An authorised officer may, in accordance with subsection (2), enter any premises occupied by a relevant person which the authorised officer reasonably believes to be used for or in connection with the provision of any shared mobility service, and do all or any of the following at the premises:(a)

to examine any thing or observe any activity conducted in or on the premises;

(b)

to search the premises and any thing in or on the premises;

(c)

to make a still or moving image or recording of the premises and any thing in or on the premises;

(d)

to inspect any document in the premises and take extracts from, or make copies of, any such document;

(e)

to take into or onto the premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises;

(f)

to operate electronic equipment in or on the premises;

(g)

to secure a thing for a period not exceeding 24 hours if the thing is found in or on the premises, where the authorised officer believes on reasonable grounds that —(i)

the thing is evidential material relevant to an offence under this Act or the Regulations, or is used or intended to be used for the purpose of contravening or not complying with any condition of a licence or class licence, or any standard of performance, direction or safety directive; and

(ii)

it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained;

(h)

to seize any thing found in or on the premises which the authorised officer reasonably suspects is as described in paragraph (g)(i);

(i)

to require any individual found in or on the premises to answer any question (to the best of that individual’s knowledge, information and belief) and to provide any document or information that the officer reasonably requires for any of the purposes of section 32.

(2) However, an authorised officer is not authorised by subsection (1) —(a)

to enter and search any premises which are not a place on or at which a licensee or class licensee provides a shared mobility service or carries out any activity in connection with the provision of the shared mobility service, except —(i)

with the consent of the occupier; or

(ii)

under a warrant of a Magistrate’s Court or District Court; or

(b)

to seize any thing in or on any premises unless the seizure is made under a warrant of a Magistrate’s Court or District Court.

(3) A warrant mentioned in subsection (2) may be issued if a Magistrate’s Court or District Court is satisfied that it is necessary for the authorised officer to enter any premises, search any premises or seize any thing (as the case may be) for any of the purposes of section 32.

(4) The power under subsection (1)(f) to operate electronic equipment in or on any premises includes the power —(a)

to use a disk, tape or other storage device that is in or on the premises and can be used with the equipment or in association with the equipment;

(b)

to operate electronic equipment in or on the premises to put the relevant data in documentary form and remove the documents so produced from the premises; and

(c)

to operate electronic equipment in or on the premises to transfer the relevant data to a disk, tape or other storage device that —(i)

is brought to the premises for the exercise of the power; or

(ii)

is in or on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises,

and to remove the disk, tape or other storage device from those premises.

(5) The power under subsection (1)(g) to secure any thing which is found during the exercise of enforcement powers in or on any premises includes the power —(a)

to secure the thing by locking it up, placing a guard or any other means; and

(b)

to prohibit any person from dealing with such thing.

(6) The power to require an individual to provide any document or information under subsection (1)(i) includes the power —(a)

to require that individual to provide an explanation of the document or information;

(b)

if the document or information is not provided, to require that individual to state, to the best of the individual’s knowledge and belief, where it is; and

(c)

if the information is recorded otherwise than in legible form, to require the information to be made available to the authorised officer or the LTA in legible form.

(7) Sections 370, 371 and 372 of the Criminal Procedure Code 2010 apply, with the necessary modifications, when an authorised officer seizes any thing under this section.

(8) In this section, “relevant person” means —(a)

a person to whom a licence is or was granted;

(b)

a person who is or was a class licensee;

(c)

an individual who is or was an officer or a representative of a person mentioned in paragraph (a) or (b);

(d)

an individual who is or was an employee or outworker of the provider of a shared mobility service; or

(e)

a person whom an authorised officer suspects on reasonable grounds is or was the provider of any shared mobility service, or an agent of such a person.

—(1) An authorised officer may, in accordance with subsection (2), enter any premises occupied by a relevant person which the authorised officer reasonably believes to be used for or in connection with the provision of any shared mobility service, and do all or any of the following at the premises:(a)

to examine any thing or observe any activity conducted in or on the premises;

(b)

to search the premises and any thing in or on the premises;

(c)

to make a still or moving image or recording of the premises and any thing in or on the premises;

(d)

to inspect any document in the premises and take extracts from, or make copies of, any such document;

(e)

to take into or onto the premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises;

(f)

to operate electronic equipment in or on the premises;

(g)

to secure a thing for a period not exceeding 24 hours if the thing is found in or on the premises, where the authorised officer believes on reasonable grounds that —(i)

the thing is evidential material relevant to an offence under this Act or the Regulations, or is used or intended to be used for the purpose of contravening or not complying with any condition of a licence or class licence, or any standard of performance, direction or safety directive; and

(ii)

it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained;

(h)

to seize any thing found in or on the premises which the authorised officer reasonably suspects is as described in paragraph (g)(i);

(i)

to require any individual found in or on the premises to answer any question (to the best of that individual’s knowledge, information and belief) and to provide any document or information that the officer reasonably requires for any of the purposes of section 32.

(2) However, an authorised officer is not authorised by subsection (1) —(a)

to enter and search any premises which are not a place on or at which a licensee or class licensee provides a shared mobility service or carries out any activity in connection with the provision of the shared mobility service, except —(i)

with the consent of the occupier; or

(ii)

under a warrant of a Magistrate’s Court or District Court; or

(b)

to seize any thing in or on any premises unless the seizure is made under a warrant of a Magistrate’s Court or District Court.

(3) A warrant mentioned in subsection (2) may be issued if a Magistrate’s Court or District Court is satisfied that it is necessary for the authorised officer to enter any premises, search any premises or seize any thing (as the case may be) for any of the purposes of section 32.

(4) The power under subsection (1)(f) to operate electronic equipment in or on any premises includes the power —(a)

to use a disk, tape or other storage device that is in or on the premises and can be used with the equipment or in association with the equipment;

(b)

to operate electronic equipment in or on the premises to put the relevant data in documentary form and remove the documents so produced from the premises; and

(c)

to operate electronic equipment in or on the premises to transfer the relevant data to a disk, tape or other storage device that —(i)

is brought to the premises for the exercise of the power; or

(ii)

is in or on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises,

and to remove the disk, tape or other storage device from those premises.

(5) The power under subsection (1)(g) to secure any thing which is found during the exercise of enforcement powers in or on any premises includes the power —(a)

to secure the thing by locking it up, placing a guard or any other means; and

(b)

to prohibit any person from dealing with such thing.

(6) The power to require an individual to provide any document or information under subsection (1)(i) includes the power —(a)

to require that individual to provide an explanation of the document or information;

(b)

if the document or information is not provided, to require that individual to state, to the best of the individual’s knowledge and belief, where it is; and

(c)

if the information is recorded otherwise than in legible form, to require the information to be made available to the authorised officer or the LTA in legible form.

(7) Sections 370, 371 and 372 of the Criminal Procedure Code 2010 apply, with the necessary modifications, when an authorised officer seizes any thing under this section.

(8) In this section, “relevant person” means —(a)

a person to whom a licence is or was granted;

(b)

a person who is or was a class licensee;

(c)

an individual who is or was an officer or a representative of a person mentioned in paragraph (a) or (b);

(d)

an individual who is or was an employee or outworker of the provider of a shared mobility service; or

(e)

a person whom an authorised officer suspects on reasonable grounds is or was the provider of any shared mobility service, or an agent of such a person.