The Rural Development (Enforcement) (England) Regulations 2007

Powers of authorised persons

3.—(1) An authorised person may at all reasonable times, on producing, if so required, some duly authenticated document showing his authority, enter any land, other than a building used solely for the purpose of a dwelling—

(a) to which an application or commitment relates, or

(b) where he has reasonable grounds to believe that documents relating to an application or commitment are being kept,

for any of the purposes mentioned in paragraph (2).

(2) The purposes are—

(a) inspecting the land to which the application or commitment relates;

(b) verifying the accuracy of any information provided by an applicant or beneficiary relating to an application or commitment;

(c) determining whether or not a beneficiary has complied with a commitment;

(d) providing a control report in accordance with Article 13 or 19(2) of Commission Regulation 1975/2006;

(e) determining whether there has been a non-compliance.

(3) An authorised person who has entered any land under paragraph (1) may—

(a) inspect the land and any document, record or equipment on it which he reasonably believes relates to an application or a commitment;

(b) require the applicant or beneficiary, or any employee, servant or agent of such applicant or beneficiary—

(i) to produce, or secure the production of, any document relating to the application or commitment, and

(ii) to supply any additional information relating to the application or commitment which is in his possession or under his control;

(c) where any document or information referred to in sub-paragraph (b) is kept by means of a computer—

(i) have access to any computer and any associated apparatus or material which is or has been used for storing that information, and

(ii) require the information to be reproduced in a form in which it is legible and can be taken away;

(d) require copies of or extracts from any document or other record referred to in sub-paragraph (a) or (b) to be produced;

(e) retain a copy of any document produced to him;

(f) seize and retain any document or other record which he reasonably believes may be required as evidence in proceedings under these Regulations; and

(g) if necessary for the purposes of paragraph (2)(b) or (c)—

(i) inspect and count livestock on the land, and

(ii) require the applicant or beneficiary, or any employee, servant or agent of such beneficiary, to arrange for the collection, penning and securing of such livestock.

(4) An authorised person entering any land under paragraph (1) may be accompanied by—

(a) any official of the European Commission; and

(b) such other persons as he considers necessary for any of the purposes mentioned in paragraph (2).

(5) Paragraph (3) applies in relation to a person referred to in paragraph (4)(b), when he is acting under the instructions of an authorised person, as if he were an authorised person.