Regulation 5 Obtaining information

England and Wales

(1)

For the purpose of enabling competent authorities and F1the Secretary of State to fulfil the obligations placed on them by F2Regulation 2017/625 and for the purpose of executing and enforcing relevant feed law or relevant food law, a competent authority may require a F3delegated body —

(a)

to provide the competent authority with any information which it has reasonable cause to believe the delegated body is able to give; and

(b)

to make available to the competent authority for inspection by it any records which it has reasonable cause to believe are held by the delegated body or are otherwise within its control (and, if they are kept in computerised form, to make them available in a legible form).

(2)

The competent authority may copy any records made available to it under paragraph (1)(b).

(3)

A person who —

(a)

fails without reasonable excuse to comply with any requirement imposed under paragraph (1); or

(b)

in purported compliance with such a requirement furnishes information which he knows to be false or misleading in any material particular or recklessly furnishes information which is false or misleading in any material particular,

is guilty of an offence.

(4)

For the purposes of paragraph (1), the term “F4delegated body” includes any member, officer or employee of a delegated body.

Annotations

Textual amendments

F1: Words in reg. 5(1) substituted (31.12.2020) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 3(3)
F2: Words in reg. 5(1) substituted (14.12.2019) by The Official Feed and Food Controls (England) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1476), regs. 1, 6(a)(ii)
F3: Words in reg. 5(1) substituted (14.12.2019) by The Official Feed and Food Controls (England) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1476), regs. 1, 6(a)(i)
F4: Words in reg. 5(4) substituted (14.12.2019) by The Official Feed and Food Controls (England) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1476), regs. 1, 6(b)

Notes on the whole SI

Textual amendments

F1: 1972 c.68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (2006 c.51).
F2: S.I. 2003/2901.
F3: S.I. 1972/1811.
F4: S.I. 1999/2027.
F5: OJ No. L31, 1.2.2002, p.1, as last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny – Part Four (OJ No. L188, 18.7.2009, p.14).