PART 4SCRUTINY OF EUROPEAN AGRICULTURAL GUARANTEE FUND TRANSACTIONS
Powers of entry21
1
An authorised person, on producing, if so required, a duly authenticated document showing that person's authority, may exercise the powers specified in this regulation for the purpose of ascertaining whether, in respect of any regulated transaction—
a
the regulated transaction has been carried out in accordance with any EU requirement relating to that regulated transaction; or
b
an offence under regulation 25(1)(a), (b) or (d), (3) F1... or (9) has been or is being committed.
2
An authorised person may at any reasonable hour enter any land or premises which that person has reasonable cause to believe to be occupied by, or in the possession of, any specified person or employee or agent of that person, other than premises used wholly or mainly as a private dwelling.
3
A justice of the peace may by signed warrant permit an authorised person to enter any land or premises, if necessary by reasonable force, if the justice, on sworn information in writing, is satisfied that—
a
there are reasonable grounds for an authorised person to enter the land or premises for a purpose mentioned in paragraph (1); and
b
one or more of the conditions in paragraph (4) is met.
4
The conditions are that—
a
entry to the land or premises has been refused, or is likely to be refused, and—
i
notice of the intention to apply for a warrant has been served on the occupier; or
ii
no such notice has been served on the occupier because serving such a notice would interfere with the purpose or effectiveness of the entry;
b
entry is required urgently; or
c
the premises are unoccupied or the occupier is temporarily absent.
5
A warrant is valid for three months.
F26
An authorised person entering any land or premises by virtue of this regulation may be accompanied by such other persons as the authorised person considers necessary for any purpose mentioned in paragraph (1).
7
An authorised person who enters any unoccupied premises must leave them as effectively secured as they were before entry.
8
In this regulation—
a
in Scotland, a reference to a justice of the peace means a sheriff, and the reference to sworn information in writing is a reference to evidence on oath; and
b
in Northern Ireland, a reference to a justice of the peace is a reference to a lay magistrate, and the reference to sworn information in writing is a reference to a sworn complaint in writing.