Genetic Technology (Precision Breeding) Act 2023

Monitoring and inspection

19 Inspectors

(1) The Secretary of State may appoint inspectors for the purposes of this Part.

(2) An inspector appointed under this section is not liable in any civil or criminal proceedings for anything done in the purported exercise of the inspector’s functions under section 20 or Part 4 if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

(3) Relief from liability of an inspector under subsection (2) does not affect any liability of any other person in respect of the inspector’s act.

(4) In this Part “inspector” means an inspector appointed under this section.

20 Monitoring and inspection of Part 2 obligations

(1) Regulations may make provision for—

(a) monitoring compliance with Part 2 obligations, and

(b) investigating suspected failures to comply with Part 2 obligations.

(2) Subject to subsection (3), regulations under this section may, in particular, make provision—

(a) conferring powers on inspectors—

(i) to enter premises;

(ii) to inspect and search premises;

(iii) to take copies of documents;

(iv) to take photographs and samples;

(v) to require the provision of information;

(b) for allowing inspectors, in carrying out their functions, to be accompanied by other persons;

(c) for treating matters as relevant breaches (see section 31), including—

(i) obstructing an inspector;

(ii) providing false information to an inspector;

(iii) impersonating an inspector.

(3) Regulations under this section—

(a) may not create criminal offences;

(b) may not authorise an inspector to enter a private dwelling without the consent of the occupier except in exercise of a warrant issued by a justice of the peace;

(c) may not authorise the use of force to enter premises;

(d) must contain provision to prohibit information obtained by inspectors under the regulations being used or disclosed otherwise than—

(i) for the purposes of this Part or Part 6 of the Environmental Protection Act 1990, or

(ii) for prescribed purposes relating to safeguarding the health and welfare of animals.

(4) Regulations under this section are subject to the affirmative procedure.

21 Meaning of “Part 2 obligation”

(1) In this Act “Part 2 obligation” means any requirement, other than one within subsection (2), imposed—

(a) by or under this Part, or

(b) by a compliance notice or stop notice issued in connection with a requirement imposed by or under this Part,

including, in particular, a requirement imposed by an inspector in exercise of the inspector’s functions.

(2) The following are not Part 2 obligations—

(a) a request made in an information notice (within the meaning of section 23) given by an advisory body, or

(b) any obligation of the Secretary of State, an advisory body or an inspector.

(3) Regulations may provide for references to a failure to comply with a Part 2 obligation to include references to providing or recording information, or making a statement, that is false or misleading—

(a) in purported compliance with a Part 2 obligation, or

(b) in connection with any application or review, or any proposal to suspend or revoke a confirmation or authorisation, under this Part.

(4) For the purposes of this section “requirement” includes “prohibition”.

(5) Regulations under subsection (3) are subject to the affirmative procedure.