OpenLegislation

Section 28 Monitoring and inspection of Part 3 obligationsI1I2

England and Wales

(1)

Regulations may make provision for designating one or more bodies within subsection (2) as enforcement authorities with functions of—

(a)

monitoring compliance with Part 3 obligations, and

(b)

investigating suspected failures to comply with Part 3 obligations.

(2)

A body is within this subsection if it—

(a)

is established by or under any other Act, or

(b)

otherwise exercises functions of a public nature.

(3)

Subject to subsection (4), regulations under this section may, in particular, make provision—

(a)

conferring powers on enforcement authorities to appoint inspectors to carry out functions under the regulations;

(b)

conferring functions on an inspector, including—

(i)

powers of entry, inspection, examination, search and seizure;

(ii)

powers to take copies of documents, photographs and samples;

(iii)

powers to impose requirements;

(iv)

powers to require the provision of information;

(c)

for allowing inspectors, in carrying out their functions, to be accompanied by other persons;

(d)

for treating matters as relevant breaches, including—

(i)

obstructing an inspector;

(ii)

providing false information to an inspector;

(iii)

impersonating an inspector;

(e)

for relief for inspectors from criminal or civil liability for acts done in good faith in the purported exercise of their functions;

(f)

corresponding to, or applying (with or without modifications), any provision made by or under—

(i)

the Food Safety Act 1990;

(ii)

section 67 of the Agriculture Act 1970.

(4)

Regulations under this section—

(a)

may not create criminal offences;

(b)

may not authorise an inspector to enter a private dwelling without the consent of the occupier except in exercise of a warrant issued by a justice of the peace.

(5)

Regulations under this section are subject to the affirmative procedure.

Annotations

Commencement

I1

S. 28 in force at Royal Assent for specified purposes, see s. 48(3)(a)

I2

S. 28 in force at 13.11.2025 for specified purposes by S.I. 2025/575, reg. 2(3)