Search Legislation

Red Meat Industry (Wales) Measure 2010

Status:

This version of this provision is prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Red Meat Industry (Wales) Measure 2010. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

  • s. 11 coming into force by S.I. 2011/2802 art. 2(2) (The remaining provisions of the Measure insofar as they are not already in force come into force on 1 April 2012)

Prospective

11Powers of entryW

This sectionnoteType=Explanatory Notes has no associated

(1)A justice of the peace may, if satisfied on the application of an appointed person that the requirements set out in subsections (2) and (3) are met, issue a warrant authorising that person—

(a)to enter land or premises (using reasonable force if necessary), and

(b)to search that land or those premises.

(2)The first requirement is that there are reasonable grounds for believing that entry to the land or premises is necessary to ascertain whether—

(a)the information provided in any return is accurate,

(b)the number of animals upon which any levy has been based is accurate,

(c)the levy due under this Measure has been paid, or

(d)an offence under this Measure has been or is being committed.

(3)The second requirement is—

(a)that entry to the land or premises has been sought and either has been refused or has not been possible, or

(b)that, if entry (without a warrant) to the land or premises were sought, any information, document or other item would be removed, tampered with, concealed or destroyed.

(4)The right conferred by a warrant under this section includes power to—

(a)enter premises used only as a dwelling-house if the appointed person has reasonable cause to believe that the premises are—

(i)occupied by a person liable to pay a levy under this Measure,

(ii)in the possession of such a person,

(iii)occupied by any employee, agent, contractor or tenant of a person liable to pay a levy, or

(iv)in the possession of such a person;

(b)have access to and inspect any documents or records (in whatever form they are held) which are on the land or premises and are kept for purposes connected with any duties or obligations arising under this Measure;

(c)inspect any animals on the land or premises;

(d)copy any documents or records mentioned in paragraph (b), or to remove those documents or records in order to enable them to be copied;

(e)remove anything which the appointed person reasonably believes to be evidence of any failure to comply with any requirements under this Measure;

(f)require any person liable to pay a levy under this Measure to produce any document, records or information, and to provide any facilities or other assistance as the appointed person may reasonably request.

(5)Entry and search under a warrant under this section must be at a reasonable hour and within one month of the date of its issue.

(6)The appointed person may—

(a)be accompanied by any other person as the appointed person considers necessary;

(b)require a person holding or accountable for any document to give any information or explanation as the appointed person thinks necessary; and

(c)require that person to attend before the appointed person to give the information or explanation or to produce the document.

(7)In relation to a document kept in electronic form, the power in subsection (4)(f) to require a person to produce a document includes power to require it to be produced in a form in which it is legible and can be taken away.

(8)In connection with inspecting such a document, an appointed person—

(a)may obtain access to, and inspect and check the operation of, any computer and associated apparatus or material which the appointed person considers is or has been used in connection with the document;

(b)may require a person within subsection (9) to afford the appointed person such reasonable assistance as the appointed person may require for that purpose.

(9)The persons within this subsection are—

(a)any person by whom or on whose behalf the computer is or has been used; and

(b)any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material.

(10)An appointed person must, if so required, produce—

(a)the warrant, and

(b)documentation which identifies the appointed person as a person authorised to impose requirements under this section.

(11)If an appointed person enters any unoccupied land or premises, the appointed person must—

(a)leave that land or those premises as effectively secured against unauthorised entry as the appointed person found them, and

(b)leave a copy of the warrant in a prominent place on the land or premises.

(12)A person who without reasonable excuse obstructs the exercise of any power conferred by this section or fails to comply with a requirement of an appointed person under this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(13)Any expenses incurred by an appointed person in proceedings for an offence under subsection (12) are, so far as not recoverable from any other source, recoverable from the person who committed the offence.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Assembly Government department responsible for the subject matter of the Measure to explain what the Measure sets out to achieve and to make the Measure accessible to readers who are not legally qualified. Explanatory Notes accompany all Measures of the National Assembly for Wales.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources