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Farm Modernisation Programme Regulations (Northern Ireland) 2008

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Powers of authorised persons

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10.—(1) An authorised person may at all reasonable times, on producing, if so required, some duly authenticated document showing his authority, enter on any land, other than land used solely for the purpose of a dwelling-house—

(a)to which an application or approved expenditure relates; or

(b)on which he has reasonable grounds to believe that documents or equipment relating to an application or approved expenditure are being kept, for any of the purposes mentioned in paragraph (2).

(2) The purposes referred to in paragraph (1) are—

(a)inspecting the land, building or equipment to which an application or approved expenditure relates;

(b)verifying the accuracy of any information provided by an applicant or beneficiary relating to an application or approved expenditure; and

(c)determining whether or not a beneficiary has complied with the conditions of an approval.

(3) An authorised person who has entered any land under paragraph (1) may—

(a)inspect the land and any document, record or equipment on it which he reasonably believes relates to an application or approved expenditure;

(b)require the applicant or beneficiary or any employee, servant or agent of such applicant or beneficiary, to produce, or secure the production of, any document or supply any additional information in his possession or under his control relating to the application or approved expenditure, as the case may be;

(c)where any information referred to in sub-paragraph (b) is kept by means of a computer, have access to any computer and any associated apparatus or material which is or has been used for storing that information and require information to be reproduced in a form in which it is legible and can be taken away;

(d)require copies of or extracts from any such document or other record referred to in sub-paragraph (a) or (b) to be produced; and

(e)seize and retain any document or other record which he reasonably believes may be required as evidence in proceedings under these Regulations.

(4) An applicant or beneficiary, and any employee, servant or agent of such applicant or beneficiary shall give an authorised person all reasonable assistance in relation to the exercise of his powers under paragraphs (1) and (3).

(5) An authorised person entering any land under paragraph (1) may take with him such other person as he considers necessary and paragraphs (3) and (4) shall apply to any such person when acting under the instructions of an authorised person as if he were an authorised person.

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