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Bovine Spongiform Encephalopathy Monitoring Regulations (Northern Ireland) 2001

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4.—(1) An inspector shall, on producing if so required, some duly authenticated document showing his authority, have a right at all reasonable hours to enter any premises including any part of any premises occupied as a private dwelling—

(a)for the purpose of ascertaining whether any notifiable bovine animal is being or has been kept on the premises;

(b)for the purpose of ascertaining whether there is or has been any contravention of, or failure to comply with, these Regulations.

(2) If a justice of the peace, on sworn information in writing is satisfied that there is reasonable ground for entry into any premises (other than any premises occupied as a private dwelling) for any such purpose as is mentioned in paragraph (1) and that either—

(a)admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant has been given to the occupier; or

(b)an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,

the justice of the peace may by warrant signed by him authorise an inspector to enter the premises, if need be by reasonable force.

(3) An inspector entering any premises by virtue of this regulation, or of a warrant issued under it, may take with him such other persons as he considers necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectively secured against unauthorised entry as he found them.

(4) An inspector may—

(a)inspect and examine any bovine animal or any carcase of a bovine animal on the premises;

(b)make such tests in relation to, and take such samples from, any bovine animal or any carcase of a bovine animal on the premises as he considers necessary for the purposes of these Regulations;

(c)mark for identification purposes any bovine animal or carcase of any bovine animal on the premises;

(d)examine any record in whatever form on the premises, and take copies of those records;

(e)have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with any records, and may require any person having charge of, or who is otherwise concerned with the operation of the computer, apparatus or material to afford him such assistance as he may reasonably require;

(f)where records are kept by means of a computer, may require the records to be produced in a form in which they may be taken away;

(g)take with him such other person as he considers necessary for any purpose in relation to the enforcement of these Regulations; and

(h)take with him a representative of the European Commission acting for any purposes in relation to Article 6 and Annex III, Chapter A, Section 1, paragraph 3 of Regulation (EC) No. 999/2001 of 22nd May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies as amended by Commission Regulation (EC) No. 1248/2001 of 22nd June 2001.

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