# The Avian Influenza (Survey Powers) (Scotland) Regulations 2004, Regulation 4: Powers of inspectors in relation to surveys


(1) An inspector carrying out a survey of premises in terms of regulation 3 may, on producing, if requested, some duly authenticated document showing that inspector’s authority–
(a) enter those premises;
(b) make inquiries of any person (whether on those premises or not);
(c) examine, retain or copy any records including computerised records;
(d) examine any bird or carcase;
(e) take and retain such samples (including samples from birds and carcases), and carry out such examinations and laboratory or other tests, as that inspector considers necessary to ascertain whether the disease exists or has existed on those premises and, in particular, to establish–
(i) the length of time that the disease has existed on those premises;
(ii) the possible origin of the disease on those premises;
(iii) whether other premises may have been exposed to contamination by the disease from those premises; and
(iv) the extent to which the disease has been carried to or from those premises from or to other premises;
(f) mark, or cause to be marked, for identification purposes any bird, carcase or other thing in relation to which any of the powers under sub paragraphs (c) to (e) above have been exercised; and
(g) for any purpose relating to the execution and enforcement of these Regulations, be assisted by such other persons and accompanied by such vehicles and equipment as that inspector considers necessary.
(2) No person shall deface, obliterate or remove any mark applied under paragraph (1)(f).
(3) The occupier or person in charge of those premises or any employee or agent of that occupier or person shall provide such reasonable assistance to an inspector as that inspector may require for the exercise of any powers under paragraph (1).
(4) Nothing in paragraphs (1)(b) or (3) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate that person.

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Source: https://www.legislation.gov.uk/ssi/2004/453/regulation/4 (the official version)
Page: https://openlegislation.uk/avian-influenza-survey-powers-scotland-regulations-2004/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

