37Powers under risk identification and assessment authorisation

37 Powers under risk identification and assessment authorisation

(1)  In this section –

authorisation means an authorisation under section 36 ;

specified means specified in an authorisation.

(2)  An authorisation authorises a specified authorised officer or an authorised officer of a specified class to enter, within the period during which the authorisation has effect, a specified place, premises or vehicle, or a place, premises or vehicle of a specified class that the authorised officer reasonably believes is connected with the place, structure, source or situation, or the carrying on of the activity, to which the authorisation relates –

(a) if –

(i) the authorised officer gives to the occupier or another person apparently in charge of the place, premises or vehicle a copy of the authorisation and identifies himself or herself to the occupier or other person apparently in charge; and

(ii) the occupier or another person apparently in charge of the place, premises or vehicle consents to the entry; or

(b) if –

(i) the place, premises or vehicle is open to entry by the public at the time the authorised officer enters it; and

(ii) the authorised officer gives to the occupier or another person apparently in charge of the place, premises or vehicle a copy of the authorisation and identifies himself or herself to the occupier or another person apparently in charge of the place, premises or vehicle; or

(c) if –

(i) not less than 72 hours before the authorised officer first enters the place, premises or vehicle or such specified shorter period, the authorised officer has given the occupier a copy of the authorisation and written notice of the day on which the authorised officer intends to enter and inspect the place, premises or vehicle; and

(ii) the authorised officer identifies himself or herself to the occupier or another person apparently in charge of the place, premises or vehicle.