The Common Agricultural Policy (Wine) Regulations 1996

Powers of authorised officers

8.—(1) An authorised officer may, on producing, if so required, some duly authenticated document showing his authority, at any reasonable time enter any land or vehicle (other than any land or a vehicle used solely as a dwelling), for the purpose of ascertaining whether any offence under these Regulations has been or is being committed or whether any offence under the Common Agricultural Policy (Wine) Regulations 1993, 1994 or 1995 has been committed.

(2) An authorised officer who has entered any land or vehicle in accordance with paragraph (1) above may, for the purpose specified in that paragraph or for the purpose of securing evidence of any such offence which he has reason to believe is or may be being, or has been or may have been, committed—

(a) inspect any materials or articles found in or on that land or vehicle;

(b) subject to paragraph (5) below, examine any register, record or appropriate document—

(i) which any person is required to keep under any relevant Community provision, or

(ii) which is in the possession or under the control of any person,

and may take copies of any such register, record or document, or of any entry in any such register, record or document and where any such register, record or document is kept by means of a computer, have access to, and inspect the operation of, any computer and any associated apparatus or material which is or has been in use in connection with that register, record or document and require such register, record, document or entry to be produced in a form in which it may be taken away;

(c) subject to paragraph (5) below, seize and retain any such register, record, document or entry which he has reason to believe may be required as evidence in proceedings under these Regulations;

(d) undertake stock counts of products and of anything which may be used in the preparation of products; and

(e) purchase or take samples of any product and of anything which may be used for the preparation of any product.

(3) An authorised officer who has procured a sample of any product may analyse or examine that sample or have that sample analysed or examined.

(4) An authorised officer entering any land or vehicle by virtue of this regulation may take with him such other persons as he considers necessary.

(5) An authorised officer shall not be entitled under paragraph (2)(b) or (c) above to examine, copy, seize or retain any record or document so far as—

(a) it is in England or Wales and comprises—

(i) an item subject to legal privilege within the meaning of section 10 of the Police and Criminal Evidence Act 1984(1),

(ii) excluded material within the meaning of section 11 of that Act, or

(iii) special procedure material within the meaning of section 14 of that Act,

(b) it is in Scotland and comprises an item subject to legal privilege within the meaning of section 40 of the Criminal Justice (Scotland) Act 1987(2),

(c) it is in Northern Ireland and comprises—

(i) an item subject to legal privilege within the meaning of article 12 of the Police and Criminal Evidence (Northern Ireland) Order 1989(3),

(ii) excluded material within the meaning of article 13 of that Order, or

(iii) special procedure material within the meaning of article 16 of that Order.

(1)

1984 c. 60.

(2)

1987 c. 41.

(3)

S.I. 1989/1341 (N.I.12).