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The Transmissible Spongiform Encephalopathies (Wales) Regulations 2018

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This is the original version (as it was originally made).

Powers of entry

14.—(1) An inspector may, on giving reasonable notice, enter any premises (except if used wholly or mainly as a private dwelling) at any reasonable hour for the purpose of executing or enforcing the EU TSE Regulation or these Regulations.

(2) The inspector must, if so required, produce some duly authenticated document showing their authority before exercising their right under paragraph (1).

(3) The requirement to give notice under paragraph (1) does not apply where—

(a)the requirement has been waived by the occupier;

(b)reasonable efforts to identify the occupier have failed;

(c)reasonable efforts to agree an appointment have failed; or

(d)an inspector has reasonable suspicion of a failure to comply with the EU TSE Regulation or these Regulations.

(4) An inspector may take with them such other persons as the inspector considers necessary.

(5) If an inspector enters any unoccupied premises or (where the premises are occupied) the occupier of the premises is temporarily absent the inspector must leave those premises (so far as reasonably practicable) as effectively secured against unauthorised entry as the inspector found them.

(6) If a justice of the peace, on sworn information in writing, is satisfied that there are reasonable grounds for entry into any premises (including a dwellinghouse) for the purposes of the enforcement of the EU TSE Regulation and these Regulations, and—

(a)admission has been refused, or a refusal is expected, and (in either case) notification of an application for a warrant has been given to the occupier;

(b)asking for admission, or the giving of such a notification, 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 a 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.

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