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The Beef and Veal Labelling (Scotland) Regulations 2010

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Powers of entryF1F2S

This section has no associated Executive Note

7.—(1) An authorised officer of an enforcement authority may at any reasonable hour, and on producing a duly authenticated authorisation if required, enter any premises for the purpose of ascertaining whether—

(a)there is or has been on the premises any contravention of these Regulations; or

(b)there is on the premises any evidence of any contravention of these Regulations.

(2) The authorised officer may be accompanied by such other persons as that officer considers necessary, including any representative of the European Commission.

(3) If a justice of the peace, a stipendiary magistrate or a sheriff, by evidence on oath, is satisfied that there is reasonable ground for entry into any premises (excluding premises used only as a dwelling) for any purpose in paragraph (1) and that—

(a)admission has been refused, or a refusal of admission is anticipated, and that notice of intention to apply for a warrant has been given to the occupier; or

(b)an application for admission, or the giving of notice of the intention to apply for a warrant, would defeat the object of the entry, or that the case is one of urgency; or

(c)the premises are unoccupied or the occupier temporarily absent,

the justice of the peace, stipendiary magistrate or sheriff may by signed warrant authorise an authorised officer to enter the premises, if need be by reasonable force.

(4) A warrant granted under this regulation continues in force for one month.

(5) An authorised officer who enters any unoccupied premises must leave them as effectively secured against unauthorised entry as they were before entry.

(6) Where land or premises are damaged in the exercise of a power of entry conferred by this regulation, compensation in respect of that land or those premises may be recovered by any person interested in that land or those premises from the enforcement authority which authorised the authorised officer.

F11972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), Schedule 1, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

F2O.J. L 31, 1.2.2002, p.1 as last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council (O.J. L 188, 18.7.2009, p.14).

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