The Eggs and Chicks (England) Regulations 2007

Record-keeping requirements

14.—(1) The Secretary of State may direct any person carrying on any activity regulated by a provision mentioned in Schedule 2 or 3 to comply with any of the requirements specified in paragraph (2).

(2) The requirements are—

(a) to keep, or cause to be kept, such records as the Secretary of State may reasonably require for the purposes of enforcing any such provision;

(b) to provide the Secretary of State with such information derived from such records as the Secretary of State may require at the times specified in the notice; and

(c) to retain such records for such period as the Secretary of State may reasonably require.

(3) But the Secretary of State must not give a direction under paragraph (1) unless the records to which the direction relates are of a type that are often kept by persons carrying on any activity regulated by a provision mentioned in Schedule 2 or 3 (whether or not kept by the person to whom the direction will be given) and—

(a) the direction will be given on or before 22^nd February 2008 and the Secretary of State reasonably suspects that the person to whom the direction will be given has contravened, or failed to comply with, any provision mentioned in Schedule 2 or 3 since the coming into force of these Regulations;

(b) the direction will be given on or before 22^nd February 2008, the person to whom the direction will be given has been convicted of an offence under regulation 4 or 7 of these Regulations since the coming into force of these Regulations, and the Secretary of State reasonably suspects that, since his conviction, that person—

(i) has continued to contravene, or fail to comply with, the provision mentioned in Schedule 2 or 3 to which his conviction relates; or

(ii) has contravened, or failed to comply with, some other provision mentioned in Schedule 2 or 3;

(c) the direction will be given on or after 23^rd February 2008 and the Secretary of State reasonably suspects that the person to whom the direction will be given has contravened, or failed to comply with, any provision mentioned in Schedule 2 or 3 within the six month period immediately before the direction is given; or

(d) the direction will be given on or after 23^rd February 2008, the person to whom the direction will be given has been convicted of an offence under regulation 4 or 7 of these Regulations within the six month period immediately before the giving of the direction, and the Secretary of State reasonably suspects that, since his conviction, that person —

(i) has continued to contravene, or fail to comply with, the provision mentioned in Schedule 2 or 3 to which his conviction relates; or

(ii) has contravened, or failed to comply with, some other provision mentioned in Schedule 2 or 3.

(4) Any direction given by the Secretary of State under paragraph (1) must be in writing.

(5) A person is guilty of an offence if, without reasonable excuse, he fails to comply with any requirement imposed on him by a direction given by the Secretary of State under paragraph (1).