Schedule 10, paragraph 5(4)

After subsection (7) insert— An English or Welsh authorised person may not exercise the powers in subsection (4)(ka) without— the consent of a person entitled to grant access to material on or accessible from the premises, or the authority of a warrant by virtue of Schedule 18 to this Act. This is subject to subsections (7B) and (7C). An English or Welsh authorised person may exercise a power in subsection (4)(ka)(ii) to (ka)(iv) in relation to a thing without consent or the authority of a warrant if the person has reasonable grounds for believing that— it is evidence of a failure to comply with any provision of the pollution control enactments or flood risk activity enactments, and exercising the power is necessary to prevent it being concealed, lost, altered or destroyed. Subsection (7A) does not require consent or the authority of a warrant for doing something within the powers in subsection (4)(ka) if, and so far as, it may be done without them in exercise of another power conferred by subsection (4). Where anything seized or removed from premises under subsection (4)(ka) contains protected material, that material— may not be used for the purposes of an examination or investigation under subsection (4)(c), and must be returned to the premises from which it was removed, or to the person who had possession or control of it immediately before it was removed, as soon as reasonably practicable after it is identified as protected material. Subsection (7D) does not prevent any part of a thing containing protected material which is not protected material being used for the purposes of an examination or investigation, retained or copied. “Protected material” means— material subject to legal professional privilege, excluded material within the meaning of section 11 of the Police and Criminal Evidence Act 1984, or journalistic material, within the meaning of section 13 of that Act, which is not excluded material.

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Source: legislation.gov.uk · retrieved 2026-07-30