The TSE (England) Regulations 2002

Powers of inspectors

71.—(1) An inspector may make such enquiries and carry out such investigations as he considers necessary for any purpose connected with the administration or enforcement of this Part of these Regulations.

(2) An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable times to enter any premises (excluding premises used only as a dwelling) to—

(a) ascertain whether any—

(a) TSE susceptible animal; or

(b) any specified risk material, is being or has been kept on the premises;

(b) ascertain whether—

(i) any TSE exists or has existed on the premises or any other premises; or

(ii) any animal which is being kept on the premises or has been kept on the premises is, or was at the time it was kept there, affected with any TSE;

(c) collect, pen, inspect and examine any TSE susceptible animal and for this purpose may require the keeper of any such animal to arrange for the collection and penning of the animal;

(d) inspect and examine—

(i) specified risk material; or

(ii) the carcase of any TSE susceptible animal;

(e) take such samples from, and make such tests in relation to, any—

(i) TSE susceptible animal;

(ii) carcase of such an animal;

(iii) specified risk material or any other material appearing to him to be derived from an animal;

(iv) food or feedingstuff;

(v) cosmetic, pharmaceutical or medical product,

as he considers necessary;

(f) mark for identification purposes any specified risk material or TSE susceptible animal, or the carcase of such an animal;

(g) serve on the person in charge of a TSE susceptible animal, or the person in possession of the carcase of any such animal or in possession of any specified risk material, a notice—

(i) to restrict or prohibit the movement of the TSE susceptible animal, carcase or specified risk material; or

(ii) in respect of any such carcase or specified risk material, to require the person to dispose of the carcase or specified risk material in the manner and period specified in the notice;

(h) issue a licence in connection with the movement of any specified risk material, TSE susceptible animal or the carcase or such an animal;

(i) seize any specified risk material, TSE susceptible animal or the carcase of such an animal;

(j) serve a notice requiring any cleansing and disinfection or carry out or cause to be carried out any cleansing and disinfection;

(k) serve any notice—

(i) in connection with the seizure of any specified risk material, TSE susceptible animal or the carcase of such an animal; or

(ii) under regulation 72(1) or (2) below;

(l) inspect—

(i) any part of the premises; or

(ii) any equipment at the premises;

(m) inspect any facility, operation or procedure at the premises, including—

(i) any means of preparing, manufacturing, treating (including subjecting to heat or cold) food or specified risk material; or

(ii) any facility, operation or procedure at the premises in connection with the removal, collection, transport, disposal or destruction of specified risk material;

(n) serve any licence, suspension of a licence, withdrawal of a licence or revocation of a licence under this Part of these Regulations;

(o) give any direction under regulation 73 below;

(p) slaughter any TSE susceptible animal or serve any notice in connection with the slaughter of the animal;

(q) examine any record, in whatever form the record may be held, and take copies of the record;

(r) have access to, and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with any record; and for this purpose may require any person who has charge of or who is otherwise concerned with the operation of the computer, apparatus or material to afford to him such assistance as he may reasonably require and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away; or

(s) ascertain whether there is or has been any contravention of, or failure to comply with, this Part of these Regulations or Schedule V to these Regulations or any evidence of any such contravention or failure.

(3) No person except an inspector shall remove or otherwise interfere with any mark applied under paragraph (2)(f) above.

(4) If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for an inspector to enter any premises (excluding premises used only as a dwelling) for any purpose mentioned in paragraph (2) above and either—

(a) admission to the premises has been refused, or a refusal is expected, and that notice of the intention to apply for a warrant has been given to the occupier; or

(b) an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier is absent,

he may issue a warrant authorising an inspector to enter the premises for that purpose if need be by reasonable force.

(5) The occupier of premises entered by an inspector under this regulation or by virtue of a warrant issued under it, and his employees and any person on the premises who is or has been in possession or charge of any specified risk material, or any animal or carcase, which is or has been on the premises, shall—

(a) provide such reasonable facilities and reasonable assistance to the inspector and comply with such reasonable requirements as the inspector considers necessary for any purpose connected with the administration or enforcement of this Part of these Regulations; and

(b) if required by an inspector, give such information as he possesses as to—

(i) any specified risk material, or any animal or carcase which is or has been on the premises;

(ii) any animal or carcase with which any specified risk material, or any animal or carcase, which is or has been on the premises may have come into contact; and

(iii) the location, transport and movement of any specified risk material, or any animal or carcase, which is or has been in his possession or charge.

(6) An inspector entering any premises by virtue of this regulation, or of a warrant issued under it may take with him—

(a) such other persons as he considers necessary to give him such assistance as he considers necessary; and

(b) a representative of the European Commission acting for the purpose of the Community TSE Regulation or the Community Transitional Measures; and

(7) If an inspector enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.