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The Common Agricultural Policy (Wine) (Scotland) Regulations 2002

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Powers of authorised officers

7.—(1) An authorised officer may, on producing, if so required, some duly authenticated document showing the authority of that officer, at any reasonable time enter any land or vehicle (other than where used solely as a dwelling), for the purpose of ascertaining whether any offence under these Regulations has been or is being committed or whether any offence under the Common Agricultural Policy (Wine) Regulations 1993(1), 1994(2), 1995(3) or 1996(4) has been committed.

(2) An authorised officer who has entered any land or vehicle in accordance with paragraph (1) above may, for the purpose specified in that paragraph or for the purpose of securing evidence of any such offence which the officer has reason to believe is or may be being, or has been or may have been, committed–

(a)inspect any materials or articles found in or on that land or vehicle;

(b)examine any register, record or document–

(i)which any person is required to keep under any relevant Community provision, or

(ii)which is in the possession or under the control of any person,

and may take copies of any such register, record or document, or of any entry in any such register, record or document and where any such register, record or document is kept by means of a computer, have access to, and inspect the operation of, any computer and any associated apparatus or material which is or has been in use in connection with that register, record or document and require such register, record, document or entry to be produced in a form in which it may be taken away;

(c)seize and retain any such register, record, document or entry which the authorised officer has reason to believe may be required as evidence in proceedings under these Regulations or under the Common Agricultural Policy (Wine) Regulations 1993, 1994, 1995 or 1996;

(d)undertake an inventory of products and of anything which may be used in the preparation of products; and

(e)purchase or take samples of any product and of anything which may be used for the preparation of any product.

(3) An authorised officer who has procured a sample of any product may analyse or examine that sample or have that sample analysed or examined.

(4) An authorised officer entering any land or vehicle by virtue of this regulation may be accompanied by such other persons as the officer considers necessary.

(1)

S.I. 1993/517, amended by S.I. 1993/3071 and revoked by S.I. 1994/674.

(2)

S.I. 1994/674, revoked by S.I. 1995/615.

(3)

S.I. 1995/615, revoked by S.I. 1996/696.

(4)

S.I. 1996/696, amended by S.I. 1997/542, 1998/453 and 1999/482 and revoked by regulation 19 of these Regulations.

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