The Sheep and Goats (Identification and Traceability) (Scotland) Regulations 2006

PART 7 Miscellaneous

Powers of inspectors

31.—(1) An inspector may, on producing, if required to do so, some duly authenticated document showing the authority of that inspector, enter at all reasonable hours any land or premises (other than premises used only as a dwelling) for the purpose of administering and enforcing the Council Regulation and these Regulations; and in this regulation “premises” includes any vehicle or container.

(2) An inspector may–

(a) collect, pen and inspect any animal, and require the keeper to arrange for its collection, penning and securing;

(b) require production of and examine any records in whatever form, and take copies of those records;

(c) remove and retain any documents and records required to be kept under these Regulations;

(d) have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with any such records mentioned in sub paragraphs (b) and (c), and require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford such assistance as the inspector may reasonably require;

(e) require, where records are kept by means of a computer, those records to be produced in a visible and legible form in which they may be taken away;

(f) require production of any unused eartags and record their numbers;

(g) remove and retain any unused eartags;

(h) mark any animal or other thing for identification purposes; and

(i) take with him any representative of the European Commission acting for the purpose of the Council Regulation or any other person he considers necessary for the enforcement of these Regulations.

Movement restrictions

32.—(1) An officer of the Scottish Ministers may, by notice in writing served on any keeper of animals on a holding, prohibit or restrict the movement of any animal on to or off that holding, except under the authority of a licence, if the officer is satisfied that it is necessary for the enforcement of the Council Regulation or these Regulations.

(2) Such notice shall remain in force until withdrawn by a further notice in writing served on the keeper of the animals to which that notice relates.

Obstruction

33.—(1) No person shall–

(a) intentionally obstruct any person acting in the execution of the Council Regulation or these Regulations;

(b) without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require for the purpose of carrying out the functions of that person under these Regulations; or

(c) furnish to any person acting in the execution of these Regulations any information which that person so furnishing knows to be false or misleading.

(2) Nothing in paragraph 1(b) above shall be construed as requiring any person to answer any question if to do so might incriminate that person.

Offences

34.—(1) Any person who contravenes or fails to comply with–

(a) any provision of regulations 6 to 23, 24(1), 26, 27, 30 or 33; or

(b) any notice issued under regulation 32(1),

shall be guilty of an offence.

(2) Where an offence under these Regulations which has been committed by a body corporate or partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or similar officer of the body corporate, or any person who was purporting to act in any such capacity (or in the case of a partnership, a partner or a person who was purporting to act as such), that officer or person as well as the body corporate or partnership shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(3) Where the affairs of a body corporate are managed by its members, the provisions of paragraph (2) shall apply in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.

Penalties

35.—(1) Subject to paragraph (2), any person found guilty of an offence under regulation 34(1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) Any person found guilty of an offence of contravening or failing to comply with regulation 33(1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Enforcement

36.—(1) Subject to paragraph (2), these Regulations shall be enforced by the local authority.

(2) The Scottish Ministers may direct, in relation to cases of a particular description or a particular case, that any duty imposed on a local authority under paragraph (1) shall be discharged by the Scottish Ministers and not by the local authority.

Revocations

37.  The enactments specified in the first column of Schedule 3 to these Regulations are revoked to the extent specified in the corresponding entry in the third column of that Schedule.