Measures to administer and enforce Article 15(2) of and Chapter B of Annex VIII to the Community TSE Regulation
88.—(1) An inspector may make such enquiries and carry out such investigations as he considers necessary for any purpose connected with the administration or enforcement of Article 15(2) of, and Chapter B of Annex VIII to, the Community TSE Regulation.
(2) For any such purpose an inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable times to enter any premises (excluding premises used only as a private dwelling) to –
(a)ascertain whether any animal which is the first generation progeny of a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal, or any embryos or ova derived from a female bovine animal infected with a TSE or BSE-confirmed ovine or caprine animal or any semen derived from a bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal is being or has been kept on the premises;
(b)collect, pen, inspect and examine any animal of first generation progeny of a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal, and for this purpose may require the keeper of any such animal to arrange for the collection and penning of the animal;
(c)inspect and examine, and make such tests and take such samples as he considers necessary from, any –
(i)female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;
(ii)animal of first generation progeny of a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal, or any embryos or ova derived from a female bovine animal infected with a TSE or BSE-confirmed ovine or caprine animal or any semen derived from a bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;
(iii)carcase of a female bovine animal infected with a TSE or carcase of a BSE-confirmed ovine or caprine animal; or
(iv)carcase of an animal of first generation progeny of a female bovine animal infected with a TSE or carcase of a BSE-confirmed ovine or caprine animal;
(d)mark or tag for identification purposes, or administer or otherwise attach an electronic identification device to, any –
(i)female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;
(ii)animal of first generation progeny of a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal, or any embryos or ova derived from a female bovine animal infected with a TSE or BSE-confirmed ovine or caprine animal or any semen derived from a bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;
(iii)carcase of a female bovine animal infected with a TSE or carcase of a BSE-confirmed ovine or caprine animal; or
(iv)carcase of an animal of first generation progeny of a female bovine animal infected with a TSE or carcase of a BSE-confirmed ovine or caprine animal;
(e)serve a notice to restrict or prohibit the movement, or issue a licence in connection with the movement of –
(i)any female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;
(ii)any animal of first generation progeny of a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal, or any embryos or ova derived from a female bovine animal infected with a TSE or BSE-confirmed ovine or caprine animal or any semen derived from a bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;
(iii)any carcase of a female bovine animal infected with a TSE or carcase of a BSE-confirmed ovine or caprine animal; or
(iv)any carcase of an animal of first generation progeny of a female bovine animal infected with a TSE or carcase of a BSE-confirmed ovine or caprine animal;
(f)seize or dispose of –
(i)any female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;
(ii)any animal of first generation progeny of a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal, or any embryos or ova derived from a female bovine animal infected with a TSE or BSE-confirmed ovine or caprine animal or any semen derived from a bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;
(iii)any carcase of a female bovine animal infected with a TSE or carcase of a BSE-confirmed ovine or caprine animal; or
(iv)any carcase of an animal of first generation progeny of a female bovine animal infected with a TSE or carcase of a BSE-confirmed ovine or caprine animal;
(g)serve any notice in connection with the slaughter or slaughter –
(i)any female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;
(ii)any animal of first generation progeny of a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;
(h)give a direction under regulation 92;
(i)serve a notice requiring any cleansing and disinfection or carry out or cause to be carried out any cleansing and disinfection;
(j)examine any record, in whatever form the record may be held, and take copies of the record;
(k)have access to, and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with any record; and for this purpose may require any person who has charge of or who is otherwise concerned with the operation of the computer, apparatus or material to afford to him such assistance as he may reasonably require and, where any record is kept by means of a computer, may require that record to be produced in a form in which it may be taken away; or
(l)ascertain whether there is or has been any contravention of, or failure to comply with, this Part or any evidence of any such contravention or failure.
(3) No person except an inspector shall remove or otherwise interfere with any mark or tag applied to any animal or carcase under paragraph (2)(d) and no person except a veterinary inspector shall remove or otherwise interfere with any electronic identification device attached to or otherwise administered to such an animal under that paragraph.
(4) If a justice of the peace, on sworn information in writing, is satisfied that there are reasonable grounds for an inspector to enter any premises (excluding premises used only as a private dwelling) for any purpose mentioned in paragraph (2) and that either –
(a)admission to the premises has been refused, or a refusal is expected, and that notice of the intention to apply for a warrant has been given to the occupier of the premises; or
(b)an application for admission, or the giving of such a notice, would defeat the object of entering the premises, or that the case is one of urgency, or that the premises are unoccupied or the occupier is absent,
he may issue a warrant authorising an inspector to enter the premises for that purpose if necessary using reasonable force.
(5) The occupier of premises entered by an inspector under this regulation or by virtue of a warrant issued under it, and his employees and any person on the premises who is or has been in possession or charge of any animal or carcase which is or has been on the premises, shall –
(a)provide such reasonable facilities to the inspector and comply with such reasonable requirements as the inspector considers necessary for any purpose connected with the administration or enforcement of Article 15(2) of, and Chapter B of Annex VIII to, the Community TSE Regulation; and
(b)if required by an inspector, give such information as he possesses as to –
(i)any animal or carcase which is or has been on the premises;
(ii)any other animal or carcase with which any animal or carcase which is or has been on the premises may have come into contact; or
(iii)any embryos or ova derived from any female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal or any semen derived from a bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal; and
(iv)the location and movement of any animal or carcase, or any embryos or ova derived from a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal or any semen derived from a bovine animal infected with a TSE or BSE-confirmed ovine or caprine animal which is or has been in his possession or charge.
(6) An inspector entering any premises by virtue of this regulation or of a warrant issued under it may take with him –
(a)such other persons as he considers necessary to give him such assistance as he considers necessary; and
(b)a representative of the European Commission acting for the purpose of the Community TSE Regulation or the Community Transitional Measures.
(7) If an inspector enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.