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PART 5 E+WAdministration

Notifications and authorisationsE+W

30.  Any notification or authorisation must be in writing, may be subject to conditions and may be amended, suspended or revoked by further notice in writing at any time.

Enforcement authoritiesE+W

31.  In these Regulations the enforcement authorities are local authorities and port health authorities.

EnforcementE+W

32.—(1) At a border inspection post these Regulations are enforced—

(a)in relation to animals by the Welsh Ministers; and

(b)in relation to products by the local authority.

(2) Outside a border [F1control post, in relation to animals (other than in relation to aquatic animals)] they are enforced by the local authority.

[F2(2A) Outside a border control post, official controls in relation to aquatic animals are enforced by the Welsh Ministers.]

(3) Outside a border inspection post, in relation to products they are enforced by—

(a)the local authority; or

(b)by the Food Standards Agency at any cutting plant, game-handling establishment or slaughterhouse, or premises at which the Agency enforces the Food Hygiene (Wales) Regulations 2006 M1.

(4) In addition, in relation to products they are enforced by a general customs official in any place (other than the inspection facilities in a border inspection post) where goods are subject to customs supervision by that official under [F3the Taxation (Cross-border Trade) Act 2018].

(5) The Welsh Ministers may direct, in relation to cases of a particular description or a particular case, that the Welsh Ministers may discharge any duty imposed on a local authority under this regulation.

[F4(6) Where a customs officer exercising a statutory function at any place under customs supervision discovers any animal or product suspected of being non-compliant, that officer must detain it and notify such detention to an authorised officer of the relevant enforcement authority.]

Textual Amendments

Marginal Citations

Powers of entryE+W

[F533.—(1) An authorised officer of the Welsh Ministers or an enforcement agency may at any reasonable hour during normal working hours without prior notice enter any premises (except any premises used wholly or mainly as a private dwelling) if the officer believes that it is necessary to enter for the purpose of enforcing these Regulations.

(2) An authorised officer must, if requested to do so, produce a duly authenticated authorisation document.

(3) A justice of the peace may sign a warrant to permit an enforcement officer to enter any premises, including a dwelling-house, if the justice on sworn information in writing is satisfied—

(a)that there are reasonable grounds to enter those premises for the purpose of enforcing these Regulations; and

(b)that one or more of the conditions in paragraph (4) are met.

(4) The conditions are—

(a)that 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)that asking for admission to the premises, or giving such a notice, would defeat the object of the entry;

(c)that entry is required urgently;

(d)that the premises are unoccupied or the occupier is temporarily absent.

(5) A warrant is valid for 30 days from the date of signature by the justice of the peace.

(6) 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.

(7) An authorised officer may—

(a)be accompanied by such other persons (up to a maximum of three) as the officer considers necessary;

(b)bring onto the premises such equipment as the officer considers necessary.]

Textual Amendments

Powers of authorised officersE+W

34.  An authorised officer of the Welsh Ministers or an enforcement authority may—

(a)inspect and examine any animal;

(b)inspect any product, or genetic material, including its packaging, seals, marking, labelling and presentation, and any plant or equipment used for or in connection with it;

(c)have access to, and inspect and copy any documents or records (in whatever form they are held), and remove them to enable them to be copied;

(d)have access to, inspect and check the operation of any computer and any associated apparatus used in connection with the records; and may require any computer records to be produced in a form in which they may be taken away;

(e)seize and retain anything required as evidence in proceedings under these Regulations;

(f)open any bundle, package, packing case, or item of personal luggage, or require any person in possession of or accompanying the same to open it and inspect the contents;

(g)take samples of any animal or product for laboratory tests, for checking against any relevant document relating to the animal or product or otherwise for checking compliance with these Regulations or any condition of import enforced by these Regulations;

[F6(h)require the slaughter of any imported animal which is non-compliant with import or animal welfare requirements in these Regulations or the [F7Official Controls Regulation] and any Implementing Regulations and Delegated Regulations made under it, or suspected by the Welsh Ministers of posing a risk to animal or human health;

(i)require the quarantine of any imported animal that is suspected by the Welsh Ministers of posing a risk to animal or human health.]

Textual Amendments

[F8Importation of animals or products constituting a risk to animal or public healthE+W

35.—(1) If imported animals or products are suspected by [F9the appropriate enforcement authority] [F10or the Welsh Ministers] of constituting a serious risk to human or animal health or animal welfare, or, in a case of suspected non-compliance, the animals or products come from a region contaminated by an epizootic disease, an authorised officer of [F11that enforcement authority] [F12or the Welsh Ministers] may require—

(a)an investigation in order to confirm or eliminate that suspicion;

(b)an investigation into the extent of any suspected non-compliance and to establish the import operator’s responsibilities;

(c)intensified official controls on consignments of animals or products from a particular region until such imports are no longer regarded by the officer of constituting such health risk;

(d)the official detention of any of the animals or products;

(e)appropriate measures to ensure that the person responsible for the animals or products remedies the non-compliance and prevents further occurrences of such non-compliance.

(2) In a case within paragraph (1)(a), the importer must assist the officer with establishing the region of origin.

(3) Where [F13the appropriate enforcement authority] [F14or the Welsh Ministers]are satisfied that imported animals or products constitute a risk to animal or public health, an authorised officer of [F15that enforcement authority] [F16or the Welsh Ministers, as appropriate] may, following written notice, take any reasonable action to ensure compliance with any rules laid down in accordance with [F17Chapter 5 of Title 2 of the Official Controls Regulation], including—

(a)taking samples for testing and ordering or performing veterinary treatments on animals;

(b)ordering the unloading of animals and their transfer via another means of transport to a specified holding for a specified quarantine period (whether or not involving the postponement of the slaughter of animals);

(c)the slaughter or killing of animals, provided that this is the most appropriate measure to safeguard human health as well as animal health and welfare;

(d)restricting or prohibiting the placing on the market, the movement or the export of the animal or product, or requiring its return to the country of dispatch;

(e)ordering the importer to increase the frequency and thoroughness of systematic checks and controls before importing further animals or goods from the same region;

(f)ordering the isolation or closure, for an appropriate period of time, of all or part of a business operation (including any related internet and on-line sales of products that may constitute a risk to animal or human health) affected by the importation of an animal or product that constitutes a risk to animal or human health;

(g)the recall, withdrawal, removal or destruction of products;

(h)the treatment of products for human consumption, the alteration of labels or corrective information to be provided to consumers;

(i)the temporary suspension or withdrawal of the registration or approval of an affected establishment, plant, holding or means of transport concerned, or of an authorisation of a transporter;

(j)the use of the products for purposes other than those for which they were originally intended.

(4) An authorised officer of the [F18enforcement authority] [F19or the Welsh Ministers] must provide an affected business operator, or its representative, with—

(a)written notification of the decision concerning the action or measure to be taken in accordance with this regulation, together with the reasons for that decision; and

(b)information on any right of review against such decision in accordance with regulation 35A.

(5) All expenditure incurred as a result of actions taken by or on behalf of the [F18enforcement authority] [F20or the Welsh Ministers] under this regulation is to be borne by the responsible operator.

(6) In the case of the issue of false or misleading official certificates in Wales, or where there is evidence of abuse of official certificates, an authorised officer of the [F18enforcement authority] [F21or the Welsh Ministers] may take appropriate measures, including—

(a)the temporary suspension of the certifying officer from certifying any certificates related to any relevant trade;

(b)the withdrawal of the authorisation of a person to sign official certificates;

(c)any other measure believed by the officer to be necessary to prevent a reoccurrence of any non-compliance or abuse.]

Textual Amendments

[F22Review of decisions by an appointed personE+W

35A.—(1) Any person aggrieved by a decision made under these Regulations, other than any decision referred to in regulation 20 or 23, may request a review of that decision by a person appointed by the Welsh Ministers (“the appointed person”).

(2) Within 21 days of the appointment of the appointed person written representations may be made by the aggrieved person to the appointed person.

(3) The appointed person must consider any written representations made when reviewing the disputed decision and must report in writing to the Welsh Ministers 21 days from the expiry of the period in paragraph (2) with a recommended course of action resulting from the review.

(4) The Welsh Ministers must consider the report of the appointed person and promptly notify the owner of the outcome of the review and provide a copy of the report of the appointed person.

(5) A review, or right of review, does not affect the obligation on the designated authority to take prompt action to eliminate or contain the risks to human or animal health.]

Textual Amendments

ObstructionE+W

36.  No person may—

(a)intentionally obstruct any person acting in the execution of these Regulations [F23or the [F24Official Controls Regulation]];

(b)without reasonable cause, fail to give any person acting in execution of these Regulations [F23or the [F24Official Controls Regulation]] any assistance or information that that person may reasonably require for the purpose of carrying out functions under these Regulations [F23or the [F24Official Controls Regulation]]; or

(c)furnish to any person acting in the execution of these Regulations [F23or the [F24Official Controls Regulation]] any information knowing it to be false or misleading.

Textual Amendments

Exchange of informationE+W

37.—(1) The Commissioners of Her Majesty's Revenue and Customs, a general customs official and any enforcement authority may exchange information for the purposes of these Regulations, and may divulge information to [F25an enforcement authority in any of the territories of the British Islands] for the purposes of this Part or the equivalent legislation in those jurisdictions.

(2) Paragraph (1) is without prejudice to any other power of the Commissioners, any general customs official or any enforcement authority to disclose information.

(3) No person, including a servant of the Crown, may disclose any information received from the Commissioners or a general customs official under paragraph (1) if—

(a)the information relates to a person whose identity—

(i)is specified in the disclosure; or

(ii)can be deduced from the disclosure;

(b)the disclosure is for a purpose other than the purposes specified in paragraph (1); and

(c)the Commissioners have not given their prior consent to the disclosure.

Textual Amendments

FeesE+W

[F2638.  The [F27Welsh Ministers or the enforcement authority] must charge a reasonable fee in relation to any official control activity in accordance with the charging provisions contained in Chapter 6, Title 2 of the [F28Official Controls Regulation], and such fee is payable by the operator responsible for the consignment or its representative.]

Textual Amendments

OffencesE+W

39.  Breach of the following provisions is an offence—

ProvisionDescription of the offence
F29. . .F29. . .
F29. . .F29. . .
F29...F29. . .
F29. . .F29. . .
F29. . .F29. . .
regulation 13Importation other than at a border inspection post
regulation 14Notification
regulation 15(1)Failing to present a consignment for inspection
regulation 15(2)Failing to comply with a notice
regulation 16(1)Removal from a border inspection post without a [F30CHED]
regulation 16(2)Failing to transport a consignment to the place specified in the [F30CHED]
regulation 17Movement other than under Customs supervision and failure to notify the Welsh Ministers
regulation 28 [F31Importing a product that does not comply with the import requirements of these Regulations and the Customs procedures and storage procedures on imports in the Taxation (Cross-border Trade) Act 2018]
regulation 29(2)Bringing in an animal or product in breach of a declaration
regulation 36Obstruction
regulation 37(3)Disclosure of information
Schedule 2:
F32. . .F32. . .
F32. . .F32. . .
F32. . .F32. . .
F32. . .F32. . .
paragraph 8(2)Slaughter of animals
paragraph 8(3)Keeping animals at their place of destination
paragraph 9(2)Transport of birds to approved quarantine facilities or centres
paragraph 9(3)Release of birds from quarantine
paragraph 11Use of a certificate relating to ships' stores
F33. . .F33. . .

Textual Amendments

Offences by bodies corporateE+W

40.—(1) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—

(a)any director, manager, secretary or other similar officer of the body corporate, or

(b)any person who was purporting to act in any such capacity,

that person as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) For the purposes of this regulation “director” (“cyfarwyddwr”), in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Offences by partnerships and unincorporated associationsE+W

41.—(1) Proceedings for an offence under these Regulations alleged to have been committed by a partnership or an unincorporated association may be brought in the name of the partnership or association.

(2) For the purposes of such proceedings—

(a)rules of court relating to the service of documents are to have effect as if the partnership or association were a body corporate;

(b)section 33 of the Criminal Justice Act 1925 M2 and Schedule 3 to the Magistrates' Courts Act 1980 M3 apply in relation to the partnership or association as they apply in relation to a body corporate.

(3) A fine imposed on a partnership or association on its conviction for an offence under these Regulations is to be paid out of the funds of the partnership or association.

(4) Where an offence under these Regulations committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner (as well as the partnership) is guilty of the offence and is liable to be proceeded against and punished accordingly.

For these purposes, “partner” (“partner”) includes a person purporting to act as a partner.

(5) Where an offence under these Regulations committed by an unincorporated association is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the association, that officer (as well as the association) is guilty of the offence and is liable to be proceeded against and punished accordingly.

(6) For these purposes, “officer” (“swyddog”) means an officer of the association or a member of its governing body, or a person purporting to act in such capacity.

Marginal Citations

M21925 c. 86. Subsections (1) and (2) of section 33 were repealed by the Magistrates' Courts Act 1952 (c. 55), section 132 and Schedule 6; subsection (3) was amended by the Courts Act 1971 (c. 23), section 56(1) and Schedule 8, part II, paragraph 19; subsection (4) was amended by the Courts Act 2003 (c. 39), section 109(1) and (3), Schedule 8, paragraph 71 and Schedule 10, and by the Magistrates' Courts Act 1980 (c. 43), section 154 and Schedule 7, paragraph 5; subsection (5) was repealed by the Magistrates' Court Act 1952, section 132, Schedule 6.

M31980 c. 43. Sub-paragraph 2(a) was amended by the Criminal Procedure and Investigations Act 1996 (c. 25), section 47, Schedule 1, paragraph 13, and was repealed by the Criminal Justice Act 2003 (c. 44), sections 41 and 332, Schedule 3, part 2, paragraph 51, sub-paragraphs (1), (13)(a), and Schedule 37, part 4 (with effect from a date to be appointed); paragraph 5 was repealed by the Criminal Justice Act 1991 (c. 53), sections 25(2) and 101(2) and Schedule 13; paragraph 6 was amended by the Criminal Justice Act 2003, section 41, Schedule 3, part 2, paragraph 51, sub-paragraphs (1) and (13)(b) (with effect from a date to be appointed).

PenaltiesE+W

[F3442.  A person guilty of any offence under these Regulations is liable on summary conviction to a fine.]

Textual Amendments

RevocationsE+W

43.—(1) The following are revoked—

(a)the Products of Animal Origin (Import and Export) Regulations 1996 insofar as they relate to Wales M4;

(b)the Fresh Meat (Import Conditions) Regulations 1996 insofar as they relate to Wales M5;

(c)the Products of Animal Origin (Import and Export) (Amendment) Regulations 1997 insofar as they relate to Wales M6;

(d)the Animals and Animal Products (Import and Export) (Wales) Regulations 2006 M7;

(e)the Products of Animal Origin (Third Country Imports) (Wales) Regulations 2007 M8.

(2) Schedule 4 makes amendments consequential to these Regulations.

Marginal Citations