PART 5Miscellaneous provisions, enforcement and offences
Powers of entry34
1
An inspector may, on giving reasonable notice, and on producing a duly authenticated authorisation if required, enter any premises at any reasonable hour for the purpose of ensuring that the provisions of these Regulations are being complied with; and in this regulation “premises” includes any place, vehicle, trailer, container, stall, moveable structure, ship or aircraft.
2
The requirement to give notice does not apply—
a
where the entry is pursuant to any provision of an EU instrument which requires inspection without notice;
b
where the requirement has been waived;
c
where reasonable efforts to agree an appointment have failed;
d
where an inspector has reasonable suspicion of a failure to comply with these Regulations; or
e
in an emergency.
3
Paragraph (1) does not apply in relation to any premises which are used wholly or mainly as a private dwelling, unless those premises, or any part of them, are approved, registered or authorised for the sale of veterinary medicines under paragraph 8, 10, 14(4) or 18 of Schedule 3 or for use as a feed business under paragraph 5(2)(e) or 7(2) of Schedule 5.
4
Paragraphs (1) and (3) do not affect any right of entry conferred by a warrant issued by a justice of the peace.
5
An inspector may be accompanied by—
a
such other persons as the inspector considers necessary; and
b
any representative of the European Commission acting for the purpose of the enforcement of a Community obligation.
6
If a justice of the peace, on sworn information in writing, is satisfied that there are reasonable grounds for entry into any premises for the purposes of the enforcement of these Regulations, and either—
a
admission has been refused, or a refusal is expected, and (in either case) that notice to apply for a warrant has been given to the occupier;
b
asking for admission, or the giving of such a notice, would defeat the object of the entry;
c
the case is one of urgency; or
d
the premises are unoccupied or the occupier is temporarily absent,
the justice may by signed warrant authorise an inspector to enter the premises, if need be by reasonable force.
7
A warrant under this regulation is valid for one month.
8
An inspector who enters any unoccupied premises must leave them as effectively secured against unauthorised entry as they were before entry.
9
An inspector may enter the premises of manufacturers of active substances used as starting materials for veterinary medicinal products, and the premises of the marketing authorisation holder.
10
An inspector may carry out an inspection at the request of another member State, the European Commission or the Agency.
11
In this regulation, a reference to a justice of the peace —
a
in Scotland includes a reference to the sheriff and to a magistrate; and
b
in Northern Ireland, is a reference to a lay magistrate.