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The Animal By-Products (Enforcement) Regulations (Northern Ireland) 2015

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Powers of entry and additional powers

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25.—(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.

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