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The Organic Aid (Scotland) Regulations 2004

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Powers of authorised persons

17.—(1) An authorised person may at all reasonable hours, on producing, if so required, some duly authenticated document showing the authorised person’s authority, enter on any land–

(a)to which an application or undertaking given under these Regulations relates; or

(b)on which the authorised person has reasonable grounds to believe that documents relating to an application or undertaking given under these Regulations 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 to which the application or undertaking relates;

(b)verifying the accuracy of any information provided by a beneficiary or on the beneficiary’s behalf, relating to an application, a claim for aid or an undertaking given under these Regulations; and

(c)determining whether or not a beneficiary has complied with an undertaking given under these Regulations.

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

(a)inspect the land and any premises, plant, machinery, equipment, document or record on it which that person reasonably believes relates to an application, a claim for aid or an undertaking given under these Regulations;

(b)require the beneficiary, or any employee or agent of such beneficiary, to produce, or secure the production of, any document or supply any additional information in the beneficiary’s possession or under the beneficiary’s control relating to an application, a claim for aid or an undertaking given under these Regulations, 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 that information to be reproduced in a form in which it may be easily read and can be taken away;

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

(e)retain a copy of any document produced to the authorised person; and

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

(4) A beneficiary or any employee or agent of such beneficiary shall give an authorised person all reasonable assistance in relation to the matters mentioned in paragraphs (1) and (3).

(5) An authorised person entering any land under paragraph (1) may be accompanied by–

(a)any official of the European Commission; and

(b)such other person as the authorised person considers necessary,

and paragraphs (3) and (4) shall apply to that person when acting under the instructions of an authorised person as they apply to an authorised person.

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