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- Original (As enacted)
This is the original version (as it was originally enacted).
(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.
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