Regulation 14 Powers of entry

England and Wales

(1)

An inspector may, on giving reasonable notice, and on producing a duly authenticated authorisation, enter any holding (except if used wholly or mainly as a private dwelling), vehicle, container, vessel or trailer at any reasonable hour for the purpose of ensuring compliance with the EU TSE Regulation and enforcing these Regulations.

(2)

The requirement to give notice does not apply where—

(a)

the requirement has been waived by the occupier;

(b)

reasonable efforts to identify the occupier have failed;

(c)

reasonable efforts to agree an appointment have failed;

(d)

an inspector has reasonable suspicion of a failure to comply with the TSE requirements.

(3)

A justice of the peace may sign a warrant to permit an inspector to enter any holding, vehicle, container, vessel or trailer, if necessary by reasonable force, if satisfied on sworn information in writing—

(a)

that there are reasonable grounds to enter for the purpose of executing or enforcing the TSE requirements, and

(b)

that any of the following conditions are met—

(i)

admission has been refused, or a refusal is expected, and (in either case) notification of an application for a warrant has been given to the occupier;

(ii)

asking for admission, or the giving of such a notification to the occupier, would defeat the object of the entry;

(iii)

entry is required urgently;

(iv)

the holding, vehicle, container, vessel or trailer is unoccupied or the occupier is temporarily absent.

(4)

A warrant under this regulation is valid for one month.

(5)

An inspector may be accompanied by such other persons as are considered necessary for the visit.

(6)

If an inspector enters any unoccupied holding, or where the occupier is temporarily absent, the inspector must leave the holding (so far as reasonably practicable) effectively secured against unauthorised entry as it was before entry.