CLASSIFICATION OF COMPUTER GAMES AND IMAGES ACT 1995 - SECT 35 Consent to entry

CLASSIFICATION OF COMPUTER GAMES AND IMAGES ACT 1995 - SECT 35

35 Consent to entry

(1) This section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place.

(2) Before asking for the consent, the inspector must tell the occupier—

(a) the purpose of the entry; and

(b) that the occupier is not required to consent.

(3) If the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent.

(4) The acknowledgement must state—

(a) that the occupier was told—

(i) the purpose of the entry; and

(ii) that the occupier is not required to consent; and

(b) the purpose of the entry; and

(c) that the occupier gives the inspector consent to enter the place and exercise powers under this part; and

(d) the time and date the consent was given.

(5) If the occupier signs an acknowledgement of consent, the inspector must immediately give a copy to the occupier.

(6) Subsection (7) applies to a court if—

(a) an issue arises, in a proceeding in or before the court, whether the occupier of a place consented to an inspector entering the place under this part; and

(b) an acknowledgement under this section is not produced in evidence for the entry; and

(c) it is not proved that the occupier consented to the entry.

(7) The court may presume that the occupier did not consent.