Regulation 15 Powers of inspectors

England and Wales

(1)

In carrying out any functions under the these Regulations an inspector may—

(a)

seize any—

(i)

animal,

(ii)

body of an animal, and any parts of the body (including the blood and the hide) and any semen, embryo or ovum,

(iii)

animal protein or feedingstuffs that may contain animal protein, or

(iv)

milk or milk product,

and dispose of them as necessary;

(b)

carry out any inquiries, investigations, examinations and tests;

(c)

collect, pen and inspect any animal and for this purpose may require the keeper of any such animal to arrange for the collection and penning of the animal;

(d)

inspect any body of an animal carcase and any parts of the body (including the blood and the hide) and any semen, embryo or ovum;

(e)

inspect any part of the holding, any equipment, facility, operation or procedure;

(f)

take any samples, including any samples that the Secretary of State requires to be taken in compliance with the United Kingdom's obligations under Annex 3;

(g)

seize or detain any cattle passport;

(h)

have access to, and inspect and copy any records (in whatever form they are held) in order to determine if these Regulations are being complied with, or remove such records to enable them to be copied;

(i)

have access to, inspect and check the operation of, any computer and any associated apparatus or material that is or has been in use in connection with any record; and for this purpose an inspector may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford such assistance as the inspector may reasonably require (including providing them with any necessary passwords) and, where a record is kept by means of a computer, may require the records to be produced in an accessible form;

(j)

mark anything (including an animal) whether electronically or otherwise, for identification purposes;

(k)

lock or seal any container or store.

(2)

A person must not deface, obliterate, or remove any mark or seal, or remove any lock, applied under paragraph (1)(j) or (k).

(3)

An inspector is not personally liable for anything done—

(a)

in the execution or purported execution of these Regulations, and

(b)

within the scope of their employment,

if the inspector acted in the honest belief that their duty under these Regulations required or entitled them to do it; but this does not affect any liability of their employer.