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The Fisheries and Aquaculture Structures (Grants) Regulations 1995

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Powers of authorised officers

12.  (1)  An authorised officer may at all reasonable hours and on producing, if required to do so, some duly authenticated document showing his authority, exercise the powers specified in this regulation for the purpose of ascertaining whether and to what extent in respect of any application—

(a)the relevant operation to which the application relates should be approved;

(b)any expenditure in respect of which financial assistance is claimed should be approved;

(c)any relevant conditions and any undertakings given by the applicant have been complied with;

(d)any amount of financial assistance should be reduced, withheld or recovered under regulation 14;

(e)an offence under regulation 15 has been or is being committed.

(2) An authorised officer may enter upon any premises, other than premises used only as a dwelling, which are, or which such officer has reasonable cause to believe are, relevant premises.

(3) Any authorised officer who has entered any premises in accordance with paragraph (2) above may inspect those premises, any equipment which is, or which such officer has reasonable cause to believe is, relevant equipment and any documents on those premises which are, or which such officer has reasonable cause to believe are, relevant documents.

(4) An authorised officer entering any premises by virtue of this regulation may take with him such other person as he considers necessary.

(5) An authorised officer may—

(a)require an applicant or an employee, servant or agent of an applicant to produce any relevant documents and to supply such additional information in that person’s possession or under his control relating to the relevant operation as the officer may reasonably request;

(b)inspect any such documents and, where any such documents are kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with those documents;

(c)require that copies of, or extracts from, any relevant documents be produced;

(d)remove and retain for a reasonable period any such relevant document which he has reason to believe may be required as evidence in proceedings under these Regulations and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away and in which it is visible and legible.

(6) In this regulation—

  • “premises” includes any vessel or other vehicle;

  • “relevant equipment” means any plant, machinery or other equipment for which financial assistance has been claimed or paid;

  • “relevant premises” means any premises to which a relevant operation relates or in which relevant documents or relevant equipment are retained.

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