28—(1) An inspector may carry out an inspection in order to check compliance with [F3—
(a)any regulations under section 11 which are [F2assimilated] law;
(b)any relevant Protocol obligation; or
(c)any regulations under section 11 which implement a relevant Protocol obligation.]
(2) An inspector may enter any premises in order to carry out an inspection under subsection (1).
(3) Subsection (2) does not authorise entry to any part of premises which is used as a private dwelling.
[F4(4) In this section—
“relevant Protocol obligation” means any obligation created or arising by or under the relevant part of the Northern Ireland Protocol, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;
“the relevant part of the Northern Ireland Protocol” means article 5(4) of the Northern Ireland Protocol so far as relating to section 40 of Annex 2 to that Protocol;
“the Northern Ireland Protocol” means the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.]
Textual Amendments
F1Words in s. 28 heading substituted (31.12.2020) by The Plant Health and Diseases of Animals (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/327), regs. 1(3), 4(2)
F2Word in s. 28 and heading substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 74
F3S. 28(1)(a)-(c) substituted for words (31.12.2020) by The Plant Health and Diseases of Animals (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/327), regs. 1(3), 4(3)
F4S. 28(4) inserted (31.12.2020) by The Plant Health and Diseases of Animals (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/327), regs. 1(3), 4(4)