Regulation 10 Powers of inspection and seizure

(1)

An inspector exercising a power of entry under regulation 9 may—

(a)

search the premises for any item, including any relevant livestock;

(b)

examine, measure or test anything, including any relevant livestock found on the premises;

(c)

question any person on the premises;

(d)

require any person on the premises to give the inspector such assistance as the inspector may reasonably require;

(e)

take a sample (including a sample from any relevant livestock);

(f)

mark any relevant livestock found on the premises for identification purposes;

(g)

take a photograph or video anything, including any relevant livestock found on the premises, which the inspector reasonably believes to be evidence of the commission of an offence under these Regulations or under section 1 of the Act;

(h)

require any person on the premises to produce any document or record (in whatever form it is held) that is in the person’s possession or control;

(i)

take copies or extracts from any document or record found on the premises (in whatever form it is held);

(j)

require information which is stored in an electronic form and is accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible (or from which it can readily be produced in a visible and legible form);

(k)

subject to subparagraph (l), seize and detain anything, other than an animal, that is found on the premises and which the inspector reasonably believes to be evidence of the commission of an offence under these Regulations or under section 1 of the Act;

(l)

in the case of non-compliance with a hold notice issued under regulation 5(1), seize and detain any relevant livestock for the purposes of ensuring compliance with the notice.

(2)

An inspector must as soon as reasonably practicable provide to the person appearing to be responsible for any items that the inspector seizes under paragraph (1)(k) or (l) a written receipt identifying those items.

(3)

Where an inspector has seized or detained an item under paragraph (1)(k) and—

(a)

it is subsequently decided that—

(i)

no court proceedings are to be brought; or

(ii)

the item is no longer needed as evidence in court proceedings; or

(b)

the court proceedings are completed and no order in relation to the item has been made by the court,

an inspector must return the item as soon as reasonably practicable.

(4)

Where in the case of relevant livestock seized and detained under paragraph (1)(l) it is decided by the inspector that the requirements of the hold notice have been met, the relevant livestock must as soon as reasonably practicable be returned to their owner, or where relevant the person in charge of them.

(5)

Where the return of any animal under paragraph (4) is not possible until it is fit to be transported, the animal must be held in suitable accommodation with appropriate care until suitable alternative arrangements for the animal’s return are made.

(6)

Any expenses incurred under paragraph (5) are payable, unless otherwise provided, by the owner of the animal or by the person on whom the hold notice was served.