28Monitoring and inspection of Part 3 obligationsE+W
(1)Regulations may make provision for designating one or more bodies within subsection (2) as enforcement authorities with functions of—
(a)monitoring compliance with Part 3 obligations, and
(b)investigating suspected failures to comply with Part 3 obligations.
(2)A body is within this subsection if it—
(a)is established by or under any other Act, or
(b)otherwise exercises functions of a public nature.
(3)Subject to subsection (4), regulations under this section may, in particular, make provision—
(a)conferring powers on enforcement authorities to appoint inspectors to carry out functions under the regulations;
(b)conferring functions on an inspector, including—
(i)powers of entry, inspection, examination, search and seizure;
(ii)powers to take copies of documents, photographs and samples;
(iii)powers to impose requirements;
(iv)powers to require the provision of information;
(c)for allowing inspectors, in carrying out their functions, to be accompanied by other persons;
(d)for treating matters as relevant breaches, including—
(i)obstructing an inspector;
(ii)providing false information to an inspector;
(iii)impersonating an inspector;
(e)for relief for inspectors from criminal or civil liability for acts done in good faith in the purported exercise of their functions;
(f)corresponding to, or applying (with or without modifications), any provision made by or under—
(i)the Food Safety Act 1990;
(ii)section 67 of the Agriculture Act 1970.
(4)Regulations under this section—
(a)may not create criminal offences;
(b)may not authorise an inspector to enter a private dwelling without the consent of the occupier except in exercise of a warrant issued by a justice of the peace.
(5)Regulations under this section are subject to the affirmative procedure.
Commencement Information
I1S. 28 in force at Royal Assent for specified purposes, see s. 48(3)(a)