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The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019

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This is the original version (as it was originally made).

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

Duties of designated authorities

8.  A designated authority must notify the Secretary of State 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 Secretary of State as may reasonably be requested.

Facilitating assistance and co-operation

9.—(1) For the purposes of assisting a competent authority of another member State as provided for in Article 104, or enabling the Secretary of State or a designated authority to do so, an inspector exercising powers under relevant legislation to enter premises or to inspect records may—

(a)be accompanied by authorised officers of a competent authority of another country;

(b)show records to such accompanying authorised officers; and

(c)make copies for them, or require copies to be made for them, of the records.

(2) For the purposes of facilitating a visit by an inspection team as provided for in Article 108, an inspector may be accompanied by representatives of the EU Commission when exercising powers under relevant legislation to enter premises and inspect records.

(3) Any person may be required to provide an enforcement officer with such assistance, information or facilities as the officer may reasonably require for the purpose of the execution or enforcement of these Regulations or the EU Official Controls Regulations.

Recovery of expenses

10.—(1) Any expenses incurred by the Secretary of State 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 business operator, and such expenses must be paid on written demand.

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

(a)as a civil debt;

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

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