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Animal Health Act 2002

Power of entry

21.New section 36G provides powers of entry for inspectors or constables to carry out functions under new Part 2A. It will be possible to exercise this power at all reasonable times except for premises which are used only as private dwelling-houses, where 24 hours notice must be given.

22.New section 36H makes further provision about powers of entry. These apply if there are reasonable grounds and if either of the two further conditions in subsection (4) or (5) are satisfied. Where there are, a justice of the peace may issue a warrant authorising an inspector or a constable to enter premises, if necessary using reasonable force, for the purposes of carrying out their functions under Part 2A of the Act or to ascertain whether one of their functions should be exercised. New section 36I contains provisions where inspectors or constables enter premises under the powers in section 36G(1) or section 36H. It enables them to inspect and, if necessary seize and detain, records.

23.New section 36J creates offences relating to these powers of entry.


24.New section 36K creates powers for the Secretary of State to make regulations providing for payment of compensation for losses suffered or costs incurred as a result of the exercise of powers under Part 2A of the Act.

25.New section 36L provides that powers to make regulations under Part 2A of the Act are exercisable by statutory instrument subject to negative resolution procedure.

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