33.—(1) An inspector may, on producing a duly authenticated document showing his authority if required, enter any premises at any reasonable hour for the purpose of ensuring that the provisions of these Regulations are being complied with; and in this regulation “premises” includes any place, any vehicle or trailer, any container, any stall or moveable structure, and any ship or aircraft.
(2) He may take with him—
(a)such other persons as he considers necessary; and
(b)any representative of the European Commission acting for the purpose of the enforcement of a Community obligation.
(3) Admission to any premises used only as a private dwellinghouse shall not be demanded as of right unless 24 hours notice of the intended entry has been given to the occupier, or the entry is in accordance with a warrant granted under this regulation.
(4) If a justice of the peace, on sworn information in writing, is satisfied that there are reasonable grounds for entry into any premises for the purposes of the enforcement of these Regulations, and either—
(a)admission has been refused, or a refusal is expected, and (in either case) that notice to apply for a warrant has been given to the occupier;
(b)asking for admission, or the giving of such a notice, would defeat the object of the entry;
(c)the case is one of urgency; or
(d)the premises are unoccupied or the occupier is temporarily absent,
the justice may by warrant signed by him authorise the inspector to enter the premises, if need be by reasonable force.
(5) A warrant under this section is valid for one month.
(6) If an inspector enters any unoccupied premises he must leave them as effectively secured against unauthorised entry as he found them.
(7) He may enter the premises of manufacturers of active substances used as starting materials for veterinary medicinal products, and of the premises of the marketing authorisation holder.
(8) He may carry out an inspection at the request of another member State, the European Commission or the Agency.
(9) In this regulation, a reference to a justice of the peace—
(a)in Scotland includes a reference to the sheriff and to a magistrate; and
(b)in Northern Ireland, is a reference to a lay magistrate.
Commencement Information
I1Reg. 33 in force at 1.10.2006, see reg. 1