104Consent to entry

104 Consent to entry (1) When seeking the consent of an occupier of premises to enter the premises under section 102 (1) (b), a medicines and poisons inspector must— (a) produce their identity card; and (b) tell the occupier— (i) the purpose of the entry; and (ii) that anything found and seized under this part may be used in evidence in court; and (iii) that consent may be refused. (2) If the occupier consents, the medicines and poisons inspector 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) that anything found and seized under this part may be used in evidence in court; and (iii) 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 medicines and poisons inspector 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 medicines and poisons inspector under this division if— (a) the question arises in a proceeding in the court whether the occupier consented to the entry; and (b) an acknowledgment of consent is not produced in evidence; and (c) it is not proved that the occupier consented to the entry.