The Beef (Marketing Payment) (No. 2) Regulations 1996

Powers of authorised persons

6.—(1) An authorised person may, at all reasonable hours and on producing, if so required, some duly authenticated document showing his authority, exercise the powers specified in this Regulation—

(a) for any purpose relating to the processing of an application for payment; or

(b) for the purpose of ascertaining whether any offence under these Regulations has been or is being committed.

(2) An authorised person may enter any land, other than land used solely as a private dwelling-house, which is, or which he has reasonable cause to believe to be, land currently or formerly occupied by or in the possession of—

(a) an applicant for payment; or

(b) a person who holds or who has been the holder of a licence under the Fresh Meat (Hygiene and Inspection) Regulations 1995(1).

(3) An authorised person who has entered any land by virtue of paragraph (2) above may—

(a) inspect and count any bovine animals on the land and read the ear-tags of any such animal; and

(b) inspect any account, bill, invoice, movement record, slaughter record, receipt, sales note, voucher or other record relating to any bovine animal.

(4) An authorised person entering any land by virtue of paragraph (2) above may take with him such other persons as he considers necessary.

(5) An authorised person may—

(a) require an applicant for a payment, or any employee, servant or agent of such a person, to produce any account, bill, invoice, movement record, slaughter record, receipt, sales note, voucher or other record relating to any animal for which an application for payment has been made, and to supply such additional information in that person’s possession, custody or power relating to any such animal as the authorised person may reasonably request;

(b) where any account, bill, invoice, movement record, slaughter record, receipt, sales note, voucher or other record relating to any animal for which an application for payment has been made is kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with any such records;

(c) require that copies of, or extracts from, any account, bill, invoice, movement record, slaughter record, receipt, sales note, voucher or other record relating to any animal for which an application for payment has been made be produced; and

(d) seize and retain any such record which he has reason to believe may be required as evidence in proceedings under these Regulations and, where any such record is kept by means of a computer, require it to be produced in a form in which it may be taken away.

(1)

S.I. 1995/539, amended by S.I. 1995/3189 and 1996/1148.