The Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2019

PART 4 N.I. Enforcement and penalties

Enforcement and prosecution N.I.

8.  Enforcement of these Regulations and the EU Official Controls Regulations is the responsibility of the competent authority.

Powers of inspectors N.I.

9.—(1) An inspector may—

(a) make any enquiries, observe any activity or process and take photographs;

(b) inspect any article, container, plant, equipment or records of any class which appear to the inspector to be relevant for the purposes of the investigation, and make or require copies of such records and remove such records as may reasonably be required;

(c) mark any item for identification purposes;

(d) require the production of any label, document or record (in whatever form it is held);

(e) inspect and take a copy of, or take a copy of an extract from, any label, document or record;

(f) have access to and inspect and check the data on, and operation of, any computer;

(g) if the inspector has reason to believe that a person is in contravention of these Regulations or the EU Official Controls Regulations and that the data may be relevant to the contravention, seize and detain any computer equipment for the purpose of copying the data or, where it has not been possible to carry out adequate inspection on the premises, of further inspection;

(h) if the inspector has reason to believe that a person is in contravention of these Regulations or the EU Official Controls Regulations and that certain records may be relevant to the contravention, seize and detain the records.

(2) An inspector must—

(a) produce evidence of authorisation when requested to do so;

(b) as soon as reasonably possible—

(i) provide to the person appearing to be responsible for any records removed from any premises a written receipt identifying those records; and

(ii) after deciding that they are no longer required, return anything removed, apart from records or other things to be used as evidence in court proceedings.

Powers of entry N.I.

10.—(1) An inspector may enter any premises (except any premises used wholly or mainly as a private dwelling) during normal working hours without prior notice, if the inspector believes that it is necessary for the purpose of official controls or other official activities under these Regulations or the EU Official Controls Regulations.

(2) In circumstances where an inspector is carrying out routine verification checks, notice must be provided before exercising a power of entry to premises during normal working hours.

(3) The requirement to give notice in paragraph (2) does not apply—

(a) where reasonable efforts to agree an appointment have failed;

(b) where an inspector reasonably believes that giving notice would defeat the object of the entry, including any situation in which notice is not required under Article 9(4);

(c) where an inspector has a reasonable suspicion that any provision of these Regulations or the EU Official Controls Regulations has been contravened.

(4) An inspector must, if requested to do so, produce a duly authenticated authorisation document.

(5) A Lay Magistrate may sign a warrant to permit an inspector to enter any premises, including dwelling-houses, if necessary by reasonable force, if the Lay Magistrate on sworn complaint in writing is satisfied—

(a) that there are reasonable grounds to enter those premises for the purpose of enforcing these Regulations or the EU Official Controls Regulations; and

(b) that one or more of the conditions in paragraph (6) are met.

(6) The conditions are—

(a) that entry to the premises has been, or is likely to be, refused, and notice of the intention to apply for a warrant has been given to the occupier;

(b) that asking for admission to the premises, or giving such a notice, would defeat the object of the entry;

(c) that entry is required urgently;

(d) that the premises are unoccupied or the occupier is temporarily absent.

(7) A warrant is valid for 30 days from the date of signature.

(8) An inspector entering any premises which are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.

(9) An inspector may—

(a) be accompanied by such other persons (up to a maximum of three) as the inspector considers necessary;

(b) bring onto the premises such equipment as the inspector considers necessary.

Offences and penalties N.I.

11.—(1) A person is guilty of an offence if without reasonable excuse that person obstructs or causes or permits to be obstructed—

(a) an auditor;

(b) an inspector; or

(c) any person who accompanies an auditor or inspector.

(2) For the purposes of paragraph (1), obstruction includes failure by any person—

(a) to produce records or provide reasonable facilities for copying records; or

(b) to provide relevant information when requested.

(3) A person is guilty of an offence if without reasonable excuse that person supplies information to an auditor or inspector which, in any material particular, is false or misleading.

(4) A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding Level 5 on the Standard Scale or to imprisonment for a term not exceeding three months, or to both.

Time limits for prosecution N.I.

12.  A prosecution for an offence under this Part shall not begin after the expiry of—

(a) three years from the commission of the offence; or

(b) one year from its discovery by the prosecutor,

whichever is the earlier.