4. The appropriate authority may appoint in writing officers to act for the purposes of these Regulations and the EU Regulations and in these Regulations “authorised officer” means an officer appointed under this regulation.
5.—(1) An authorised officer who has reasonable grounds for believing that any person has not complied with, or is not likely to comply with, any provision in paragraph (2) may serve a notice on that person (in these Regulations referred to as a “compliance notice”) which states—
(a)the reason for the service of the notice and for the steps required to be taken;
(b)the steps which the person must take, being such steps as the authorised officer believes are necessary to ensure compliance with the provisions referred to in paragraph (2);
(c)the time by which each of the steps must be taken;
(d)that failure to comply with the notice is an offence; and
(e)the right of appeal against the notice and the period within which such an appeal may be brought.
(2) For the purposes of paragraph (1), the provisions are—
(a)Article 78(1)(g) and (2) of and Part VIII of Annex VII to Regulation (EU) No 1308/2013, as read with Commission Regulation (EEC) No 2568/91;
(b)Article 2 of Commission Implementing Regulation (EU) No 29/2012, as read with Article 3, 4, 5 or 6 of that Regulation;
(c)Article 2 of Commission Implementing Regulation (EU) No 29/2012, as read with Article 4a or 4b of that Regulation; and
(d)Article 7a of Commission Regulation (EEC) No 2568/91, as read with the Schedule (which makes further provision for entry and withdrawal registers).
(3) An authorised officer may serve a notice on a person withdrawing, varying or suspending a compliance notice served under paragraph (1).
(4) A notice served under this regulation must be complied with at the expense of the person on whom it is served and, if it is not complied with, an authorised officer may arrange for it to be complied with at the expense of that person.
6.—(1) An authorised officer may, on giving reasonable notice, enter any premises at any reasonable hour for the purposes of executing and enforcing these Regulations and the EU Regulations, including for the purposes of—
(a)complying with a verification request made under Article 8(2) of Commission Implementing Regulation (EU) No 29/2012; and
(b)carrying out the conformity checks required by Article 2a of Commission Regulation (EEC) No 2568/91.
(2) But paragraph (1) does not apply in relation to premises used wholly or mainly as a private dwelling house.
(3) The requirement in paragraph (1) to give notice does not apply—
(a)where reasonable efforts to agree an appointment have failed;
(b)where an authorised officer reasonably believes that giving notice would defeat the object of the entry; or
(c)where an authorised officer has a reasonable suspicion of a breach of these Regulations or the EU Regulations.
(4) An authorised officer must, if requested to do so, produce a duly authenticated authorisation document.
(5) A justice of the peace may by signed warrant permit an authorised officer to enter premises, except any premises used wholly or mainly as a private dwelling house, if necessary by reasonable force, if the justice, on sworn information in writing (or, in Scotland, by evidence on oath, or, in Northern Ireland, on a sworn complaint in writing) is satisfied—
(a)that there are reasonable grounds to enter those premises for the purpose of enforcing these Regulations or the EU Regulations; and
(b)that any condition in paragraph (6) is met.
(6) For the purposes of paragraph (5), the conditions are—
(a)entry to the premises has been, or is likely to be, refused and notice of the intention to apply for a warrant has been given to the occupier;
(b)asking for admission to the premises, or giving such a notice, would defeat the object of the entry;
(c)entry is required urgently; or
(d)the premises are unoccupied or the occupier is temporarily absent.
(7) A warrant is valid for three months.
(8) An authorised officer entering any premises which are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.
(9) An authorised officer may—
(a)be accompanied by—
(i)such other persons as the authorised officer considers necessary;
(ii)any representative of the European Commission; and
(b)bring on to the premises such equipment as the authorised officer considers necessary.
(10) In this regulation, a reference to a justice of the peace—
(i)in Scotland includes a sheriff; and
(ii)in Northern Ireland is a reference to a lay magistrate.
(11) In this regulation “premises” includes any place and any vehicle, vessel, aircraft, hovercraft, trailer, container, tent, stall or movable structure.
7.—(1) An authorised officer who has entered premises under regulation 6 may—
(a)inspect and search the premises;
(b)take photographs, measurements or recordings;
(c)take samples;
(d)mark for identification purposes any item;
(e)require the production of any label, document or record (in whatever form they are held) and inspect and take a copy of, or take an extract from, any label, document or record;
(f)inspect any plant, machinery or equipment;
(g)have access to, inspect and check the data on, and operation of, any computer and any associated apparatus used in connection with a label, document or record mentioned in this regulation; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer equipment to afford such assistance (including the provision of passwords) as may reasonably be required;
(h)where a label, document or record is kept by means of a computer, require the label, document or record to be produced in a form in which it may be taken away;
(i)seize and detain any computer equipment for the purpose of copying any data, but only if the authorised officer has a reasonable suspicion that an offence under these Regulations has been committed;
(j)seize and detain any label, document, record, equipment or container if the authorised officer has reason to believe that it may be required as evidence in proceedings under these Regulations.
(2) An authorised officer may require any person to provide the officer with such assistance, information or facilities as the officer may reasonably require for the purposes of the execution or enforcement of these Regulations or the EU Regulations.
(3) If it is decided that any item seized and detained under paragraph (1) is no longer needed as evidence in proceedings under these Regulations, an authorised officer must return it as soon as reasonably practicable after that decision.
(4) An authorised officer who has taken a sample may analyse or examine that sample or have that sample analysed or examined.