PART 5Enforcement
Enforcement
18.—(1) Subject to paragraph (2), the EU Regulation and these Regulations are enforced by the Scottish Ministers.
(2) At a slaughterhouse, the EU Regulation and these Regulations are enforced by the Food Standards Agency.
Powers of entry
19.—(1) An authorised person may, on producing a duly authenticated authorisation if requested, enter any premises (excluding any premises used only as a dwellinghouse) at any reasonable hour for the purpose of enforcing these Regulations.
(2) In this regulation “premises” means any land, building, shed, pen, receptacle or vehicle, of any description.
(3) The authorised person may be accompanied by such other persons as the authorised person considers necessary, including any representative of the European Commission.
(4) Admission to any premises used only as a dwellinghouse may not be demanded as of right unless the entry is in accordance with a warrant granted under this regulation.
(5) If a sheriff, stipendiary magistrate or justice of the peace, on sworn information in writing, is satisfied that there are reasonable grounds for entry into any premises for the purpose of enforcing these Regulations and that—
(a)admission to the premises has been refused, or a refusal is anticipated, and that notice of the intention to apply for a warrant has been given to the occupier; or
(b)an application for admission, or the giving of such notice, would defeat the object of the entry;
(c)the case is one of urgency; or
(d)the premises are unoccupied or the occupier temporarily absent,
the sheriff, stipendiary magistrate or justice may by signed warrant authorise an authorised person, together with any person who may accompany the authorised person under paragraph (3), to enter the premises, if need be by reasonable force.
(6) A warrant granted under this regulation continues in force for one month.
(7) An authorised person who enters any unoccupied premises must leave them as effectively secured against unauthorised entry as they were before entry.
Power to inspect and seize
20.—(1) An authorised person who has entered premises for the purposes of enforcing the EU Regulation or these Regulations may for those purposes—
(a)carry out any examination, investigation or test;
(b)make any enquiries, observe any operation or process or take recordings or photographs;
(c)inspect and search the premises;
(d)take samples from any animal, carcase or part of a carcase and send them for laboratory testing;
(e)seize and detain any carcase or part of a carcase for further examining, investigating or testing;
(f)seize and detain any equipment or instrument for further examining, investigating or testing;
(g)have access to, and inspect and check the data on, and operation of, any computer or any associated equipment;
(h)seize any computer and associated equipment for the purpose of copying data (but only if the authorised person has a reasonable suspicion that an offence under these Regulations has been committed and provided that they are returned as soon as possible);
(i)require the production of any document or record and inspect and take a copy of, or extract from, such document or record; and
(j)require any person to provide such assistance, information, facilities or equipment as is reasonable.
(2) An authorised person must—
(a)as soon as is reasonably practicable, provide to the person appearing to be responsible for any items that the authorised person seizes under paragraph (1) a written receipt identifying the items; and
(b)as soon as is reasonably practicable after deciding that those items are no longer required, return them (apart from those to be used as evidence in court proceedings).
(3) Where an authorised person has seized items under paragraph (1) for use in evidence in court proceedings and—
(a)it is subsequently decided that no proceedings are to be brought or that those items are no longer needed as evidence in the proceedings; or
(b)the proceedings are completed and no order in relation to those items has been made by the court,
the authorised person must return the items as soon as is reasonably practicable.
Enforcement notices
21.—(1) An authorised person who is of the opinion that a person has contravened or is contravening a provision of the EU Regulation or these Regulations may serve an enforcement notice on that person—
(a)requiring the person to take specified steps to remedy the contravention of the EU Regulation or these Regulations;
(b)requiring the person to reduce the rate of operation to such extent as is specified in the notice until the person has taken specified steps to remedy the contravention of the EU Regulation or these Regulations; or
(c)prohibiting the person from carrying on an activity, process or operation, or using facilities or equipment, specified in the notice until the person has taken specified steps to remedy the contravention of the EU Regulation or these Regulations.
(2) An enforcement notice must—
(a)state that the authorised person is of that opinion;
(b)state the date and time of service of the notice;
(c)identify the recipient of the notice;
(d)specify the matters constituting the contravention;
(e)specify the steps that must be taken to remedy the contravention;
(f)specify the period within which those steps must be taken; and
(g)give details of the right of appeal against the notice.
(3) A person on whom an enforcement notice is served must comply with it at the person’s own expense.
(4) An authorised person must serve a completion notice if, after service of an enforcement notice, the authorised person is satisfied that the person has taken the steps specified in the notice to remedy the contravention.
(5) An enforcement notice ceases to have effect on the issue of a completion notice.
(6) An authorised person may at any time withdraw or vary an enforcement notice in writing.