The Official Controls (Agriculture etc.) (Scotland) Regulations 2019 No. 412

PART 3 S Assistance and co-operation under Title IV and recovery of expenses

Duties of designated authorities S

8.  A designated authority must without delay notify the Scottish Ministers or Food Standards Scotland (as appropriate) if it considers that it is unable to undertake action required in any individual case under Title IV (administrative assistance and cooperation), and must provide such information to the Scottish Ministers or Food Standards Scotland as they may reasonably request.

Commencement Information

I1 Reg. 8 in force at 14.12.2019, see reg. 1(1)

Facilitating assistance and co-operation S

9.—(1) For the purposes of assisting a competent authority F1 ... as provided for in Article 104, or enabling a competent or designated authority to do so, an inspector may on entering premises or when inspecting records—

(a) be accompanied by an authorised officer of a competent authority F1 ...;

(b) show records to such an officer; and

(c) make, or require the making of, copies of records for such an officer.

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) An enforcement officer may require any person to provide them with such assistance, information or facilities as they may reasonably require for the purposes of the execution or enforcement of these Regulations or the [F3 Official Controls Regulation].

Textual Amendments

F1 Words in reg. 9(1) omitted (31.12.2020) by virtue of The Animal Health and Welfare and Official Controls (Agriculture) (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/380), regs. 1(3), 4(6)(a)

F2 Reg. 9(2) omitted (31.12.2020) by virtue of The Animal Health and Welfare and Official Controls (Agriculture) (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/380), regs. 1(3), 4(6)(b)

F3 Words in reg. 9(3) substituted (31.12.2020) by The Animal Health and Welfare and Official Controls (Agriculture) (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/380), regs. 1(3), 4(6)(c)

Commencement Information

I2 Reg. 9 in force at 14.12.2019, see reg. 1(1)

Recovery of expenses S

10.—(1) Any expenses incurred by a competent authority or a designated authority in carrying out enforcement activities under these Regulations, or measures under Articles 66, 67, 69 or 138, may be recovered from the relevant operator, and such expenses must be paid on written demand.

(2) Any unpaid sum under these Regulations may be recovered—

(a) as a civil debt;

(b) under an order of the court, on such terms as the court may order.

Commencement Information

I3 Reg. 10 in force at 14.12.2019, see reg. 1(1)