The TSE (Wales) Regulations 2002

Community controls: powers of inspectors E+W

97.—(1) An inspector, on producing, if required to do so, some duly authenticated document showing his or her authority, may enter at all reasonable times any premises (excluding premises used only as a dwelling) for any purpose in relation to the checks and assistance referred to in Article 21 of the Community TSE Regulation.

(2) If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for an inspector to enter any premises (excluding premises used only as a dwelling) for any purpose mentioned in paragraph (1) above and either—

(a) admission to the premises has been refused, or a refusal is expected, and that notice of the intention to apply for a warrant has been given to the occupier; or

(b) an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier is absent,

the justice of the peace may issue a warrant authorising an inspector to enter the premises for that purpose, if need be by reasonable force.

(3) The occupier of premises entered by an inspector under this regulation or by virtue of a warrant issued under it, and his or her employees and any person on the premises who is or has been in possession or charge of any mammalian meat and bone meal or processed animal protein, any animal or carcase which is or has been on the premises, or any specified risk material which is or has been on the premises, must—

(a) provide all reasonable facilities and assistance to the inspector and comply with all reasonable requirements the inspector considers necessary for any purpose in relation to the checks and assistance referred to in Article 21 of the Community TSE Regulation; and

(b) if required by an inspector, give such information as he or she possesses as to—

(i) any mammalian meat and bone meal or processed animal protein, any animal or carcase, or any specified risk material, which is or has been on the premises;

(ii) any animal or carcase with which any mammalian meat and bone meal or processed animal protein, any animal or carcase, or any specified risk material, which is or has been on the premises may have come into contact; and

(iii) the location, transport and movement of any mammalian meat and bone meal or processed animal protein, any animal or carcase, or any specified risk material, which is or has been in his or her possession or charge.

(4) An inspector entering any premises by virtue of this regulation, or of a warrant issued under it may take with him or her—

(a) such other persons as he or she considers necessary to give such assistance as he or she considers necessary; and

(b) a representative of the European Commission acting for the purpose of the Community TSE Regulation or the Community Transitional Measures or any Community legislation referred to in that Regulation or those Measures; and

(5) If an inspector enters any unoccupied premises he or she must leave them as effectively secured against unauthorised entry as he or she found them.