The Human Tissue Act 2004 (Powers of Entry and Search: Supply of Information) Regulations 2006

• Citation: S.I. 2006/538
• Sections: 2

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Human Tissue Act 2004 (Powers of Entry and Search: Supply of Information) Regulations 2006 and shall come into force on 7 th April 2006.

(2) In these Regulations—

“ the Act ” means the Human Tissue Act 2004.

Section 2 Powers of entry and search: prescribed information

(1) In this regulation—

(a) a reference to a numbered paragraph or a lettered or numbered sub-paragraph is to the paragraph of Schedule 5 to the Act (powers of inspection, entry, search and seizure) bearing that number or letter;

(b) “appropriate statement” means a statement given under paragraph 4(3)(b)(ii) or 4(4)(b)(ii); and

(c) “investigator” means a person who is a duly authorised person for the purposes of paragraph 3 (entry and search in connection with suspected offence) and who is executing a warrant issued under that paragraph.

(2) An appropriate statement must contain the following information—

(a) a statement that the investigator has been authorised by the Authority for the purposes of paragraph 3 of Schedule 5 to the Act (entry and search in connection with suspected offence);

(b) a statement that the investigator’s rights of entry and search are subject to his producing evidence of his entitlement to exercise them, if required;

(c) a statement that the investigator is entitled, if need be, to enter the premises by force;

(d) a description of the investigator’s powers under paragraph 5(2) to (4) of inspection and seizure of property;

(e) a description of the requirement under paragraph 5(5) for the investigator to leave a statement giving particulars of what he has seized and stating that he has seized it;

(f) a description of the powers of the investigator

(i) under paragraph 6(1), to bring with him such other persons and equipment as he considers necessary;

(ii) under paragraph 6(2), to inspect equipment and inspect and take copies of records, and in the case of premises in respect of which a licence is in force to observe the carrying on of licensed activity;

(g) a description of the investigator’s obligations under paragraph 7(2) to prepare a written report of the search and, if requested to do so by the appropriate person, give him a copy of the report;

(h) a statement that a person commits an offence under paragraph 8 if—

(i) he fails without reasonable excuse to comply with a requirement under paragraph 6(3), or

(ii) he intentionally obstructs the exercise of any right under Schedule 5.