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The Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015 No. 10

Powers of an authorised officer

This section has no associated Explanatory Memorandum

12.—(1) An officer entering premises under regulation 11 may—

(a)stop and detain any vehicle or vessel;

(b)inspect the premises, and any net, trap, machinery, equipment or fish on the premises;

(c)take samples (including samples of fish) from anything on the premises;

(d)seize any fish, net, machinery or other equipment on the premises so far as it is necessary for the purposes described in regulation 11(1);

(e)carry out any search, investigation, examinations or tests;

(f)seize and humanely kill samples of fish for evidential purposes;

(g)have access to, and inspect, copy or seize any document or record (in whatever form it is held) that he considers may be relevant to the purposes described in regulation 11(1); and

(h)have access to, inspect and check the operation of any computer and any associated apparatus or material that is or has been in use in connection with a record of a kind referred to in sub-paragraph (g).

(2) For the purpose of paragraph (1)(h), the officer may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material—

(a)to afford such assistance as may be reasonably required; and

(b)where a record is kept by means of a computer, to produce the record in a form in which it may be taken away.

(3) If the record is not produced in the form required by paragraph (2)(b), the officer may seize the computer or electronic storage device.

(4) Where an officer has reason to suspect that a person has committed an offence under these Regulations, the officer may require the person to provide the person’s name and address.

(5) Where an officer has entered any premises, and it is not reasonably practicable to determine at the time whether any document or electronic file, fish, net, trap, machinery or other equipment on those premises is relevant to the purposes described in regulation 11(1), the inspector may seize it to ascertain whether or not it is relevant.

(6) Any fish seized may be disposed of as the authorised officer sees fit.

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