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Powers of authorised officers.
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4.—(1) In this section “authorised officer” means a person authorised in writing by the Minister or by the council of a county or corporation of a county or other borough in relation to its functional area to exercise for the purposes of the Merchandise Marks Acts, 1887 to 1931, and this Act, the powers conferred by this section.
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(2) The authorisation of an authorised officer shall indicate the matters in respect of which he may act under this section.
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(3) An authorised officer may, for the purpose of obtaining any information which may be required in order to enable the Minister or the council of a county or the corporation of a county or other borough, as the case may be, to exercise his or its functions under the Merchandise Marks Acts, 1887 to 1931, or this Act, on production of the officer's authorisation, if so required—
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(a) at all reasonable times enter premises at which any activity in connection with the packing of goods in containers or the manufacturing, processing, supplying, distributing or importing of goods is carried on and inspect the premises and any containers or goods packed in containers on the premises and, on paying or making tender of payment therefor, take one or more of the containers (either with or without goods packed in it or them) and, if he so thinks fit, carry out inspections, tests and measurements thereof on the premises,
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(b) require the person who carries on such activity and any person employed in connection therewith to produce to the officer any books, documents or records relating to such activity which are in that person's power or control and to give him such information as he may reasonably require in regard to any entries in such books, documents and records,
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(c) inspect and copy or take extracts from such books, documents and records,
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(d) require such a person to give to the officer any information he may require in regard to the persons carrying on such activity (including, in particular, in the case of an unincorporated body of persons, information in regard to the membership thereof and of its committee of management or other controlling authority) or employed in connection therewith,
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(e) require such a person to give to the officer any other information which the officer may reasonably require in regard to such activity.
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(4) An authorised officer who takes a container pursuant to this section shall—
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(a) notify forthwith the person on whose premises the container is taken or his agent that the container is taken in pursuance of this section, and
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(b) if so required by such person or agent at the time of the giving of the notification, take a second like container or select one container from the containers taken by him and mark and seal and leave with such person or agent the second container or the container so selected, as the case may be.
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(5) Where an article is being tested or inspected under this section and other like articles were available at the time and place at which the article was obtained, such number of the articles as is reasonable in the circumstances shall be tested or inspected, as the case may be.
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(6) A person who obstructs or impedes an authorised officer in the exercise of a power or does not comply with a requirement under this section shall be deemed to contravene this section.
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