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7.—(1) An auditor may exercise the powers in this regulation if he is authorised—
(a)by a competent authority designated under these Regulations to carry out an audit of its activities; or
(b)by the Secretary of State to carry out an audit pursuant to regulation 8(3).
(2) For the purposes of carrying out an audit, an auditor may enter premises to which an inspector has a power of entry under relevant legislation (“audit premises”) as if the auditor were an inspector meeting the criteria for gaining such entry under that relevant legislation.
(3) An auditor exercising his power of entry may bring with him any person whose assistance he reasonably requires.
(4) An auditor may request such information from any person at any audit premises as he reasonably requires for purposes of the audit, and may inspect such records as he reasonably requires for those purposes.
(5) An auditor may make or require copies of such records.
(6) When exercising the powers conferred by this regulation an auditor shall upon request produce evidence of his authorisation under these Regulations.
(7) This regulation does not apply where regulation 9 applies.
8.—(1) The Secretary of State may require a competent authority designated under regulation 5 to provide him with information about any audits it has carried out or undergone or which it plans to carry out or undergo.
(2) Where the Secretary of State requires information under paragraph (1), he shall do so in writing and shall state the time limit within which the required information is to be provided.
(3) The Secretary of State may require—
(a)an auditor to carry out an audit of a competent authority designated under regulation 5; and
(b)the competent authority concerned to provide such assistance to that auditor as he may reasonably require in order to carry out the audit.
9.—(1) Where the Secretary of State arranges for the Food Standards Agency to undertake an audit in relation to relevant legislation, the audit provisions of [F1the 2009 Regulations] shall apply as if—
(a)the undertaking of such an audit were a purpose described in regulations 8(1) and 9(1) of [F1the 2009 Regulations]; and
(b)the competent authority concerned were an enforcement authority to which regulations 8 and 9 of [F1the 2009 Regulations] applied.
(2) The audit provisions of [F1the 2009 Regulations] are—
(a)regulations 8 and 9(1) to (8) and (10), as read with regulation 10; and
(b)regulation 11.
(3) Regulations 17(2), (4) and (5)(c), 18(2) to (9), 19 to 21, [F245 to 47, 49 and 50] of [F1the 2009 Regulations] shall apply where paragraph (1) of this regulation applies as if that paragraph were a provision of [F1the 2009 Regulations] falling to be enforced or executed under [F1the 2009 Regulations].
Textual Amendments
F1Words in reg. 9 substituted (1.6.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments) (England) Regulations 2018 (S.I. 2018/575), regs. 1(2), 38(3)(a)
F2Words in reg. 9(3) substituted (1.6.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments) (England) Regulations 2018 (S.I. 2018/575), regs. 1(2), 38(3)(b)
10. In so far as he does not already have powers to do so, for the purposes of facilitating audits to be carried out by Commission experts pursuant to Article 45, an inspector may enter any premises to which he has a power of entry under relevant legislation, and—
(a)bring with him any such experts; and
(b)show them such records as he inspects.