119Consent to entry

119 Consent to entry (1) When seeking the consent of an occupier to enter premises under section 117 (1) (b), an investigator must— (a) produce the investigator’s identity card; and (b) tell the occupier— (i) the purpose of the entry; and (ii) the reason for, and identity of, any other person accompanying the investigator; and (iii) that anything found and seized under this part may be used in evidence in court; and (iv) that consent may be refused. (2) If the occupier consents, the investigator must ask the occupier to sign a written acknowledgment (an acknowledgment of consent)— (a) that the occupier was told— (i) the purpose of the entry; and (ii) the reason for, and identity of, any other person accompanying the investigator; and

(iii) that anything found and seized under this part may be used in evidence in court; and (iv) that consent may be refused; and (b) that the occupier consented to the entry; and (c) stating the time and date when consent was given. (3) If the occupier signs an acknowledgment of consent, the investigator must immediately give a copy to the occupier. (4) A court must find that the occupier did not consent to entry to the premises by the investigator under this part if— (a) the question whether the occupier consented to the entry arises in a proceeding in the court; and (b) an acknowledgment of consent for the entry is not produced in evidence; and (c) it is not proved that the occupier consented to the entry.