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Paragraph 2 Powers of authorised personsI1

Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

An authorised person may at all reasonable hours and on producing, if so required, some duly authenticated document showing that authority of that person, exercise the powers specified in this regulation for the purposes of–

(a)

carrying out any specified control measure; or

(b)

ascertaining whether an offence under paragraph 7(d) has been or is being committed.

(2)

An authorised person may enter any land, other than land used only as a dwelling, which is, or which such person has reasonable cause to believe to be, an IACS holding or keeper’s holding occupied by, or in the possession of, an applicant or any employee, agent, contractor or tenant of an applicant or keeper.

(3)

An authorised person who has entered any land by virtue of this regulation may–

(a)

inspect and verify the total area of land farmed by an applicant or used by a keeper;

(b)

inspect and count any cattle on that land; and

(c)

carry out any other activity which is a specified control measure.

(4)

An authorised person may–

(a)

require an applicant or keeper or any employee or agent of an applicant or keeper to produce any specified record and to supply such additional information in the possession or under the control of that person relating to an application for premium as the authorised person may reasonably request;

(b)

inspect any such specified record and, where any such record is kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with that specified record;

(c)

require that copies of, or extracts from, any specified record be produced;

(d)

seize and retain any such specified record which that authorised person has reason to believe may be required as evidence in proceedings under Part 6 and this Schedule and, where any such record is kept by means of a computer, require it to be produced in a form in which it may be taken away;

(e)

carry out any inquiries, checks, examinations and tests;

(f)

take samples;

(g)

inspect all or any part of the land whether it is farmed or is withdrawn from agricultural production, including land set aside pursuant to Articles 54 and 55(b) of Council Regulation 1782/2003;

(h)

mark any animal or other thing for identification purposes;

(i)

have access to, inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and for this purpose require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford such assistance as the authorised person may reasonably expect.

(5)

An authorised person entering any premises by virtue of this regulation may be accompanied by–

(a)

such other persons as that person considers necessary to exercise the powers specified in this regulation; and

(b)

any representative of the European Commission acting for the purpose of Article 27 of Council Regulation 1782/2003.

(6)

If an authorised person enters any unoccupied premises that person shall leave those premises at least as effectively secured against unauthorised entry as when that person took entry.

Annotations

Commencement

I1

Sch. 4 para. 2 in force at 18.4.2005, see reg. 1(1)