Section 44

ascertaining whether the provisions of Part 3A or 4 are being complied with or have been contravened; or

investigating any offence under Part 3A or 4.

enter and inspect any premises that the officer believes on reasonable grounds are used for the carrying on of a business or a trade (even if also used as a residence) of selling, or offering or exposing for sale, by retail any bicycle, PAB, personal mobility device, mobility scooter or motorised wheelchair, or used for altering any bicycle, PAB, personal mobility device, mobility scooter or motorised wheelchair, and any vehicle at those premises;

photograph or film, or make a record or sketches of, any part of the premises, or any vehicle or parts of a vehicle or accessories or other thing at the premises;

require any person on those premises to produce or grant access to, without charge, any document or material reasonably required for any purpose in subsection (1), which is in the possession or under the control of that person;

inspect and make copies of or take extracts from any such document or material;

take possession of such a document or material if, in the opinion of the authorised officer —

the inspection or copying of or extraction from the document or material cannot reasonably be performed without taking possession; (ii)the document or material may be interfered with or destroyed unless possession is taken; or

the document or material may be required as evidence in any proceedings instituted or commenced for any of the purposes of, or in connection with, Part 3A or 4.

to require the person, or any person who is or was an officer or employee of that person, to provide an explanation of the document or material; (b)if the document or material is not furnished, to require the person to state, to the best of the person’s knowledge and belief, where it is; and

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

the power of the authorised officer to inspect the document or material includes the power to —

access any computer or other equipment (including a mobile telephone) in which the document or material is stored; and

require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to provide assistance in gaining such access; and

the power of the authorised officer to seize such document or material includes the power —

to make copies of the document or material in legible or electronic form; and

to transfer the information from the document or material to a disk, tape or other storage device.

seize the computer or other equipment (including a mobile telephone) in which the document or material is stored, as evidence in proceedings for an offence under Part 3A or 4; and

require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to disclose any password or access code for gaining access to the document or material held in the computer or equipment.