Cap. 454 ст. 5Appointment of inspectors and verifiers.

(1) The Authority may appoint any person being an officer of the Authority to be an inspector for the purposes of this Act.

(2) The Institute may appoint any person, whether physical or otherwise, to be a verifier for the purposes of this Act.

(3) (a) The Institute shall provide for the holding of examinations for the purpose of ascertaining whether persons possess sufficient skill and knowledge for the proper performance of the functions of inspectors and verifiers, and for the granting of certificates of qualification to persons who pass such examinations.

(b) The Institute shall establish the standard of skill and knowledge, as well as other requirements, needed for a person to qualify as inspector or verifier.

(4) The Institute shall ensure that the persons so appointed continue to meet the requirements laid down in accordance with subarticle (3).

(5) Every person appointed under subarticles (1) and (2) as an inspector or as a verifier shall be furnished with a certificate of his appointment by the Institute. Such certificate shall be valid for such period and may include such conditions as the Director General may consider appropriate.

(6) The Institute may, if it deems fit, arrange with some other person to hold examinations for the purpose mentioned in subarticle (3).

(7) No certificate of qualification shall be issued to any person who has not yet attained the age of eighteen.

(8) There shall be charged, in respect of any examination which is held by the Institute under this article, such fees as the Authority may from time to time determine.

(9) The Authority may, upon the recommendation of the Director General, and under such conditions as may be prescribed, at any time revoke an appointment made under this article, and in such case, the person whose appointment is so revoked shall surrender to the Institute the certificate furnished under this article.

(10) The Institute shall monitor the activities of the verifiers appointed under this Act. measuring instrument which is meant to be used for any prescribed purpose, is installed or kept, or where there is reason to believe it is installed or kept;

(b) to enter any premises or any other place, including a vehicle or vessel, in which any activity in connection with the manufacturing, processing, supplying, distributing, importing or wholesale or retail selling of goods is carried on;

(c) to inspect such premises and examine and test any such measuring instruments or goods found thereon for the purposes of establishing conformity with the provisions of this Act;

(d) to apply non-conformity marks to the measuring instrument if, following any such inspection or testing, a measuring instrument is found not to be in conformity with the provisions of this Act;

(e) to remove from the premises for examination, testing and measuring any goods or measuring instrument to which a non-conformity mark has been applied;

(f) to require the owner, the person in charge or any employee in charge of or at the place entered to provide all reasonable assistance including personal assistance, and to produce books, records and written or electronic documents to enable the inspector to carry out his functions under this Act;

(g) to inspect and copy or take extracts from any such books, records or other documents; and

(h) in the case of any vehicle or vessel referred to in paragraph (a), to request the owner or operator thereof to bring the vehicle or vessel for examination to a location as may be indicated to him by the inspector.

(2) An inspector who removes a measuring instrument or goods pursuant to subarticle (1)(e) shall notify forthwith, and issue a receipt to, the person from whose premises the measuring instrument or goods are taken, or that person’s authorised representative, indicating that the measuring instrument or goods, as the case may be, are taken in pursuance of this Act.

(3) No entry and search shall be effected outside the normal business hours of the establishment concerned, unless the Director General has cause to believe that delay could cause the loss or suppression of any evidence or may otherwise prejudice the outcome of the search.

(4) An inspector may seize and retain:

(a) any article, measuring instrument, stamp or goods which he believes to be in contravention of this Act; of the goods, and which the inspector believes may be required as evidence in any proceedings.

(5) Any person who -

(a) obstructs or impedes an inspector in the exercise of his functions, or does not comply with a requirement made by an inspector in carrying out any of his functions under this Act, or

(b) refuses or fails to give an inspector any assistance or information which the inspector may request in the performance of any of his functions under this Act, or

(c) makes an incorrect, false or misleading statement, either verbally or in writing, to an inspector who is engaged in carrying out any of his functions under this Act, shall be guilty of an offence under this Act.

(6) Where it results to an inspector that a measuring instrument or a measurement standard fails to give the correct measurement which it purports to give or is otherwise faulty, the inspector may give the person responsible a written notice ordering him that, until such time as the said notice is withdrawn, the measuring instrument shall not be used and, where applicable, shall be removed. Any person who knowingly acts in contravention of such written notice shall be guilty of an offence under this Act.

(7) The Director General may exercise any of the powers conferred on an inspector under this article.

(8) In the course of any entry and search under this article, the Director General may request the assistance of the Police.

(9) In the exercise of any powers conferred by this article, the inspector shall, if so requested, provide evidence of his appointment.

(10) The inspector may be accompanied by such other persons and take with him such instruments as are necessary for the purpose of carrying out his functions.