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Regulation 8 Power of authorised personsI1

Northern Ireland 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 exercise any of the powers specified in this regulation for the purposes of –

(a)

providing the control report pursuant to Article 72 of the Commission Implementing Regulation;

(b)

establishing whether there has been any non-compliance in any case; or

(c)

ascertaining whether an offence under these Regulations has been or is being committed.

(2)

An authorised person on producing, if so required, some duly authenticated document showing the person’s authority to do so, may at all reasonable hours enter any land, other than a building used only as a dwelling.

(3)

An authorised person may –

(a)

carry out any inquiries, checks, examinations, measurements and tests;

(b)

take samples;

(c)

inspect all of any part of the land, (whether it is farmed or is withdrawn from agricultural production) and any livestock, crops, machinery or equipment;

(d)

mark any animal or other thing for identification purposes;

(e)

have access to, inspect any documents or records (in whatever form they are held) or remove such records to enable them to be copied;

(f)

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 documents or 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 is reasonable required and, where a document or record is kept by means of a computer, require the document or record to be produced in a form in which it can be taken away;

(g)

remove a carcass found on the land for the purpose of carrying out a post-mortem examination on it;

(h)

take a photograph of anything on the land;

(i)

remove anything reasonably believed to be evidence of any non-compliance.

(4)

An authorised person entering any premises by virtue of this regulation may take with them such other persons as they consider necessary.

(5)

If an authorised person enters any unoccupied premises they shall leave them as effectively secured against unauthorised entry as they found them.

(6)

An authorised person who enters any land under a power of other legislation may exercise any of the powers specified in that other legislation for the purposes of enforcing these Regulations.

Annotations

Commencement

I1

Reg. 8 in operation at 1.1.2026, see reg. 1(1)