The Rural Development (Scotland) Regulations 2015

Powers of inspection etc.

12.—(1) An authorised person who has entered any land or premises in exercise of a power conferred by regulation 11 may—

(a) carry out any inquiries, checks, examinations, measurements or tests;

(b) take samples;

(c) inspect the land or premises;

(d) inspect any livestock, crops, trees, woodland, machinery, equipment or any other thing;

(e) have access to, inspect, copy and print any document or record (in whatever form it is held) or remove such a record or document to enable them to be copied, printed or retained as evidence;

(f) have access to, inspect and check the operation of any computer and any associated apparatus, or material which is or has been in use in connection with a document or record; and for this purpose require any person having charge of, or otherwise concerned with the operation of the computer, apparatus or material to give the authorised person such assistance as may reasonably be required and, where a document or record is kept by means of a computer, require the document or record to be produced in a form in which it can be taken away;

(g) take a photograph, or any other digital record, of anything on the land or premises; or

(h) seize and retain any document or record which that person reasonably believes may be required as evidence in proceedings under these Regulations.

(2) Nothing in this regulation confers power on an authorised person to seize an item which that person has reasonable grounds to believe would in legal proceedings be protected from disclosure on grounds of confidentiality of communications.

(3) An authorised person who enters any land or premises under a power under other legislation may exercise any of the powers specified in this regulation for the purpose of enforcing these Regulations or the EU Regulations.

(4) Paragraph (1) and regulation 13 apply in relation to a person referred to in regulation 11(6)(b) when that person is acting under the instructions of an authorised person, as if that person were an authorised person.