The Equine Animal (Identification) (Scotland) Regulations 2019

Powers of inspectors

16.—(1) An inspector may exercise any of the powers specified in this regulation for the purpose of administering and enforcing the Commission Regulation and these Regulations.

(2) An inspector may, on producing if so required a duly authenticated document showing authority, at all reasonable times enter any land or premises (excluding any premises not containing an equine animal and used wholly or mainly as a private dwelling).

(3) A warrant may be granted only if a sheriff or justice of the peace is satisfied, by evidence on oath—

(a) that there are reasonable grounds for entry onto land or premises by an inspector under this regulation, and

(b) that—

(i) entry has been refused,

(ii) such a refusal is reasonably expected, and that person has given notice to the occupier of his or her intention to apply for an entry warrant,

(iii) a request for entry, or the giving of such a notice, would defeat the object of entry,

(iv) entry is urgently required,

(v) the premises are unoccupied, or

(vi) the occupier is temporarily absent and it would defeat the object of entry to await the occupier’s return.

(4) The sheriff or justice of the peace may, by signed warrant, valid for a period of no more than one month, authorise that inspector, together with any person who may accompany an inspector by virtue of paragraph (6), to enter the land or premises, if need be by reasonable force.

(5) An inspector may—

(a) require the production of an identification document, duplicate identification document, replacement identification document or smart card (as referred to in regulation 12) and mark it as necessary,

(b) carry out any inquiries,

(c) have access to, and inspect and copy any records (in whatever form they are held) kept for the purposes of the Commission Regulation or these Regulations,

(d) remove such records to enable them to be copied,

(e) have access to, inspect and check the operation of any computer and any associated apparatus or material that is or has been in use in connection with the records; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford the inspector such assistance as may reasonably be required and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away,

(f) mark any equine animal or other thing for identification purposes,

(g) examine any equine animal, identification document or transponder,

(h) require the name and address of any person in charge or in possession of identification documents, records or studbooks, or in control of any equine animal,

(i) take photographs or any other digital record of anything on the land or premises,

(j) take samples from, for the exercise of his or her functions, an equine animal or any article the inspector may reasonably require, and carry out or cause to be carried out, on the samples such tests, analyses, examinations or inspections as the inspector considers necessary or expedient, and mark or otherwise identify the sample.

(6) An inspector entering onto land or premises by virtue of this regulation may be accompanied by such other person as the inspector considers necessary.

(7) A person accompanying an inspector may also exercise any of the powers conferred on an inspector by virtue of paragraph (5).

(8) If the inspector, or an accompanying person, causes damage in exercising the powers in this regulation, the local authority (or, as the case may be, the Scottish Ministers) must—

(a) take reasonable steps to remedy the damage, or

(b) if it is not possible to remedy the damage, pay compensation for it.

(9) An inspector who enters any unoccupied premises must leave them as effectively secured as they were before those premises were entered.

(10) If the inspector causes loss or damage by failing to comply with subsection (9), the local authority (or, as the case may be, the Scottish Ministers) must pay compensation for the loss or damage.

(11) In this regulation, “land” and “premises” include a vehicle, vessel or container.