PART 6ENFORCEMENT
Enforcement authority22
These Regulations shall be enforced by the Department, the Department of the Environment or a district council within its district.
Authorised person23
1
An enforcement authority may authorise in writing such persons as the authority considers appropriate to act for the purpose of enforcing these Regulations.
2
In these Regulations, a person authorised under paragraph (1) is an “authorised person”.
Powers of authorised person24
An authorised person may, on production, if so required, of his authority, exercise any of the powers specified in regulation 25 and regulation 27 for the purposes of enforcing these Regulations and ensuring the EU Control Regulation and EU Implementing Regulation are complied with.
Powers of entry and additional powers25
1
An authorised person has the power to enter premises at all reasonable hours.
2
Paragraph (1) does not apply in relation to any premises which are used wholly or mainly as a private dwelling house unless a right of entry is conferred by a warrant granted under regulation 26.
3
An authorised person may where exercising the power under paragraph (1)—
a
be accompanied by such other persons as the authorised person considers necessary;
b
take any equipment or materials required for any purpose for which the power of entry is being exercised;
c
make such examination and investigation as may in the circumstances be necessary;
d
direct that the premises, or part of them, are left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under sub-paragraph (c);
e
take such measurements and photographs and make such recordings as are considered necessary for the purpose of any examination or investigation under sub-paragraph (c);
f
in the case of any article or substance found in or on any premises—
i
take samples;
ii
test or subject it to any process, where it appears that it has or is likely to cause harm to human health or to the health of animals or plants;
iii
take possession of it and retain it for so long as is necessary for any of the following purposes—
aa
to examine it and to exercise the power within paragraph (ii);
bb
to ensure that it is not tampered with before examination of it is completed; or
cc
to ensure that it is available for use as evidence in any proceedings for an offence under these Regulations;
iv
dispose of it, where it appears that it has or is likely to cause harm to human health or to the health of animals or plants.
g
require the production of, or where the information is recorded in computerised form the furnishing of extracts from, any records which it is necessary to see for the purposes of any examination or investigation under sub-paragraph (c) and to inspect and take copies of, or of any entry in, the records;
h
require any person to afford such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the authorised person to exercise any of the powers conferred by this regulation; or
i
mark any animal or animal by-product as the authorised person considers necessary.
4
Where an authorised person proposes to exercise the power in paragraph (3)(f)(ii) in the case of any article or substance found in or on any premises, the authorised person shall—
a
if so requested by a person who at the time is present and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power, to be done in that person’s presence;
b
consult such persons as appear to the authorised person appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which is proposed under that power.
5
Where an authorised person in respect of the power in paragraph (3)(f)(iii)—
a
proposes to exercise that power, the authorised person shall before taking possession, if it is practicable to do so, take a sample of the article or substance and give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it; or
b
exercises that power, the authorised person shall leave a notice giving particulars of the article or substance sufficient to identify it and stating that possession has been taken under that power, such notice to be left either—
i
with a responsible person; or
ii
if that is impracticable, fixed in a conspicuous place at those premises.
6
An authorised officer entering any premises which are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.
7
Nothing in this regulation compels the production by any person of a document which that person would be entitled to withhold production of on the grounds of legal professional privilege on an order for discovery in an action in the High Court.
8
Nothing in paragraph (3)(g) shall be construed as requiring any person to answer any question if to do so might incriminate them.
Warrant26
1
If, in relation to the power to enter premises under regulation 25, a lay magistrate, on sworn complaint in writing—
a
is satisfied that there are reasonable grounds to believe that any information or material relevant to the examination or investigation under regulation 25(3)(c) is on any such premises; and
b
is also satisfied that—
i
admission to such premises has been, or is likely to be, refused, and that notice of intention to apply for a warrant has been given to the occupier; or
ii
the 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 such premises are unoccupied or the occupier is temporarily absent,
the lay magistrate may by warrant under the lay magistrate’s hand, which continues in force for a period of one month, authorise an authorised person to enter the premises, if need be by force.
2
Where an authorised person has been authorised under paragraph (1) to enter by warrant, the authorised person has the powers conferred by regulation 25(3).
Notices served by an authorised person27
1
An authorised person may serve a notice in accordance with paragraph (2) where that person—
a
considers that there is a contravention of, or failure to comply with an animal by-product requirement; or
b
reasonably suspects that as a result of such contravention or failure to comply, premises constitute a risk to human or animal health.
2
An authorised person may serve a notice on the occupier of any premises, or the person considered to be in charge of or responsible for the premises or considered responsible for any animal by-product—
a
requiring the disposal, and, where applicable, storage pending such disposal of—
i
animal by-products and derived products;
ii
material in premises to which paragraph (1)(b) applies;
b
requiring the cleansing and disinfection of premises to which paragraph (1)(b) applies, and where applicable, specifying the method for such cleansing and disinfection;
c
prohibiting animal by-products and derived products being—
i
moved in or brought on to premises;
ii
moved in or brought on to premises unless in accordance with conditions specified in the notice;
3
A notice served under paragraph (2) shall be complied with at the expense of the person on whom the notice is served, and if it is not complied with, an authorised person may arrange for it to be complied with at the expense of that person.
4
Paragraph (1) does not apply where Article 46(1)(a) or (b) (suspensions, withdrawals and prohibitions on operations) of the EU Control Regulation applies.
5
Any person on whom a notice is served who contravenes or fails to comply with the provisions of that notice is guilty of an offence.
Power to share information for enforcement purposes28
1
This regulation applies to information received by an enforcement authority or an authorised person in the course of enforcing these Regulations.
2
That enforcement authority or authorised person may disclose the information to—
a
an enforcement authority;
b
an authorised person; or
c
any comparable enforcement authority or authorised person appointed elsewhere within the United Kingdom to enforce the EU Control Regulation and the EU Implementing Regulation for the purposes of their enforcement role.
3
For the purposes of this regulation, “enforcement authority” includes the Food Standards Agency.