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Animal Welfare Act 2006

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Changes over time for: Cross Heading: Functions in connection with inspection and search

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Changes to legislation:

Animal Welfare Act 2006, Cross Heading: Functions in connection with inspection and search is up to date with all changes known to be in force on or before 18 June 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Functions in connection with inspection and searchE+W

10(1)This paragraph applies to—E+W

(a)a power of inspection conferred by section 26(1), 27(1), 28(1) or 29(1), and

(b)a power of search conferred by a warrant under section 23(1).

(2)A person exercising a power to which this paragraph applies may—

(a)inspect an animal found on the premises;

(b)inspect any other thing found on the premises, including a document or record (in whatever form it is held);

(c)carry out a measurement or test (including a measurement or test of an animal found on the premises);

(d)take a sample (including a sample from an animal found on the premises or from any substance on the premises which appears to be intended for use as food for such an animal);

(e)mark an animal found on the premises for identification purposes;

(f)remove a carcass found on the premises for the purpose of carrying out a post-mortem examination on it;

(g)take copies of a document or record found on the premises (in whatever form it is held);

(h)require information stored in an electronic form and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form;

(i)take a photograph of anything on the premises;

(j)seize and detain or remove anything which the person exercising the power reasonably believes to be evidence of any non-compliance, or of the commission of any offence, relevant to the purpose for which the inspection or search is made.

(3)A person taken onto premises under paragraph 5 may exercise any power conferred by sub-paragraph (2) if he is in the company, and under the supervision, of a person exercising a power to which this paragraph applies.

Commencement Information

I1Sch. 2 para. 10 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(g)

I2Sch. 2 para. 10 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(i)

11E+WA person who takes a sample from an animal pursuant to paragraph 10(2)(d) shall give a part of the sample, or a similar sample, to any person appearing to be responsible for the animal, if, before the sample is taken, he is requested to do so by that person.

Commencement Information

I3Sch. 2 para. 11 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(g)

I4Sch. 2 para. 11 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(i)

12(1)Paragraph 10(2)(j) does not include power to seize an item which the person exercising the power has reasonable grounds for believing to be subject to legal privilege (within the meaning of section 10 of the Police and Criminal Evidence Act 1984 (c. 60)).E+W

(2)A person who seizes anything in exercise of the power under paragraph 10(2)(j) shall on request provide a record of the thing seized to a person showing himself—

(a)to be the occupier of premises on which it was seized, or

(b)to have had possession or control of it immediately before its seizure.

(3)Subject to sub-paragraph (4), anything which has been seized in the exercise of a power under paragraph 10(2)(j) may be retained so long as is necessary in all the circumstances and in particular—

(a)for use as evidence at a trial for a relevant offence, or

(b)for forensic examination or for investigation in connection with a relevant offence.

(4)Nothing may be retained for either of the purposes mentioned in sub-paragraph (3) if a photograph or a copy would be sufficient for that purpose.

Commencement Information

I5Sch. 2 para. 12 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(g)

I6Sch. 2 para. 12 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(i)

13E+WAs soon as reasonably practicable after having exercised a power to which paragraph 10 applies, the person who exercised the power shall—

(a)prepare a written report of the inspection or search, and

(b)if requested to do so by the occupier of the premises, give him a copy of the report.

Commencement Information

I7Sch. 2 para. 13 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(g)

I8Sch. 2 para. 13 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(i)

14(1)A person exercising a power of search conferred by a warrant under section 23(1) may (if necessary) use reasonable force in the exercise of powers under paragraph 10 in connection with the execution of the warrant.E+W

(2)A person carrying out an inspection under section 28(1) on premises which he is authorised to enter by a warrant under section 28(4) may (if necessary) use reasonable force in the exercise of powers under paragraph 10 in connection with the inspection.

Commencement Information

I9Sch. 2 para. 14 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(g)

I10Sch. 2 para. 14 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(i)

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