The Eggs and Chicks (Wales) Regulations 2009

Record-keeping requirements

14.—(1) The Welsh Ministers may direct any person carrying on any activity regulated by a provision mentioned in Schedule 2 or 3 to comply with any of the requirements specified in paragraph (2).

(2) The requirements are—

(a) to keep, or cause to be kept, such records as the Welsh Ministers may reasonably require for the purposes of enforcing any such provision;

(b) to provide the Welsh Ministers with such information derived from such records as the Welsh Ministers may require at the times specified in the notice; and

(c) to retain such records for such period as the Welsh Ministers may reasonably require.

(3) But the Welsh Ministers must not give a direction under paragraph (1) unless the records to which the direction relates are of a type that are often kept by persons carrying on any activity regulated by a provision mentioned in Schedule 2 or 3 (whether or not kept by the person to whom the direction will be given) and—

(a) the direction will be given on or before 17 October 2009 and the Welsh Ministers reasonably suspect that the person to whom the direction will be given has contravened, or failed to comply with, any provision mentioned in Schedule 2 or 3 since the coming into force of these Regulations;

(b) the direction will be given on or before 17 October 2009, the person to whom the direction will be given has been convicted of an offence under regulation 4 or 7 of these Regulations since the coming into force of these Regulations, and the Welsh Ministers reasonably suspect that, since the conviction, that person—

(i) has continued to contravene, or fail to comply with, the provision mentioned in Schedule 2 or 3 to which the conviction relates; or

(ii) has contravened, or failed to comply with, some other provision mentioned in Schedule 2 or 3;

(c) the direction will be given on or after 18 October 2009 and the Welsh Ministers reasonably suspect that the person to whom the direction will be given has contravened, or failed to comply with, any provision mentioned in Schedule 2 or 3 within the six month period immediately before the direction is given; or

(d) the direction will be given on or after 18 October 2009, the person to whom the direction will be given has been convicted of an offence under regulation 4 or 7 of these Regulations within the six month period immediately before the giving of the direction, and the Welsh Ministers reasonably suspect that, since the conviction, that person —

(i) has continued to contravene, or fail to comply with, the provision mentioned in Schedule 2 or 3 to which the conviction relates; or

(ii) has contravened, or failed to comply with, some other provision mentioned in Schedule 2 or 3.

(4) Any direction given by the Welsh Ministers under paragraph (1) must be in writing.

(5) A person is guilty of an offence if, without reasonable excuse, that person fails to comply with any requirement imposed on that person by a direction given by the Welsh Ministers under paragraph (1).