The Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021

Powers of entry S

24.—(1) Any inspector may enter any premises except domestic premises at all reasonable times and inspect such premises and any animals found there for the purposes of preparing an inspector’s report.

(2) An inspector may enter any premises except domestic premises at all reasonable times for the purpose of ascertaining whether any requirement of these Regulations or any licence condition is being, or has been, complied with and, in particular, may—

(a) inspect the premises,

(b) inspect and copy any records (in whatever form they are held) kept under these Regulations or any licence condition, or remove such records to enable them to be copied,

(c) inspect and check the operation of any computer and any associated apparatus or material which is or has been in use in connection with the records,

(d) for that purpose, 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 the inspector may reasonably require (including giving access to password protected materials and systems),

(e) where a record is kept by means of a computer, require the record to be produced in a form in which it may be taken away,

(f) examine, or require the examination of, any animal kept on the premises,

(g) exercise the power in regulation 9 (power to take samples from animals), and

(h) take on to the premises such persons to give the inspector such assistance and such equipment as the inspector considers necessary.

(3) An inspector must produce evidence of the inspector’s authority to enter the premises if such evidence is requested by an owner or occupant of the premises when the inspector is exercising, or seeking to exercise, either of the powers of entry in paragraphs (1) or (2).

(4) If a sheriff or justice of the peace is satisfied by evidence on oath laid by any inspector that there are reasonable grounds for suspecting that an offence against these Regulations has been or is being committed at any domestic premises in the area of the licensing authority, the sheriff or justice may issue a warrant authorising any inspector to enter those premises, by reasonable force if need be, and inspect the premises and any animals or anything found there.

(5) A warrant issued under paragraph (4) above—

(a) may authorise persons to accompany the person who is executing the warrant, and

(b) continues in force for the period of one month beginning with the date of issue.

(6) The power of entry conferred by the warrant may be exercised at all reasonable times and any person entering the premises in exercise of that power must—

(a) produce the warrant if so required, and

(b) comply with such precautions (if any) as the sheriff or justice of the peace may specify to prevent the spread among animals of infectious or contagious diseases.

(7) If an inspector enters any unoccupied premises, the inspector must leave them as effectively secured against entry as the inspector found them.

Commencement Information

I1 Reg. 24 in force at 1.9.2021, see reg. 1