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The Plant Protection Products Regulations 2011

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This is the original version (as it was originally made).

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4.—(1) An authorised person exercising powers of entry pursuant to paragraph 1(1) or 1(3), or in accordance with a warrant granted under paragraph 2(1), may—

(a)take with him or her any person and equipment or materials he or she considers necessary for the enforcement of these Regulations;

(b)open any container;

(c)carry out any searches, inspections, measurements and tests;

(d)take samples;

(e)have access to, and inspect and copy any documents, books or records (in whatever form they are held) which the authorised person has reason to believe may be relevant in connection with the enforcement of these Regulations and remove them to enable them to be copied;

(f)photograph or copy anything which the authorised person has reasonable cause to believe may be relevant in connection with the enforcement of these Regulations; and

(g)seize any computers and associated equipment for the purpose of copying documents provided that they are returned as soon as practicable.

(2) Any person who accompanies an authorised person in accordance with paragraph 4(1)(a) may perform any of the authorised person’s functions but only under the supervision of that authorised person.

(3) Where an authorised person takes samples under paragraph 4(1)(d) he or she may only take an amount that is reasonably needed for the performance of his or her functions under these Regulations.

(4) Nothing in paragraph 4(1)(e), (f) or (g) shall be taken to compel the production by any person of a document which he or she would be entitled to refuse to produce on grounds of legal professional privilege in proceedings in the High Court in England and Wales, or on grounds of confidentiality of communications in proceedings in the Court of Session in Scotland.

(5) An authorised person may require any person to give him or her information as to the formulation, effects or use of any substance.

(6) An authorised person performing functions under these Regulations may require a person whom he or she has reasonable cause to believe is able to give information which will assist in the execution of these Regulations—

(a)to answer such questions as the authorised person thinks it appropriate to ask; and

(b)to sign a declaration of the truth of the answers provided.

(7) Any person to whom questions are put under sub-paragraph (6) may nominate a person to be with him or her when he or she answers.

(8) When a person answers any such questions the only other persons who may be present, apart from the questioner, are—

(a)the person (if any) nominated under sub-paragraph (7); and

(b)any person authorised by the authorised person to be present.

(9) No answer given by a person in pursuance of a requirement imposed under sub-paragraph (6) shall be admissible in evidence in Great Britain against that person, his or her spouse, or his or her civil partner in proceedings for any offence.

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