The TSE (Wales) Regulations 2002

Powers of inspectors E+W

28.—(1) An inspector may make such enquiries and carry out such investigations as he or she considers necessary for any purpose connected with the administration or enforcement of the provisions of this Part of these Regulations.

(2) For the purposes of paragraph (1) an inspector shall, on producing, if required to do so, some duly authenticated document showing his or her authority, have the right at all reasonable times to enter any premises (excluding premises used only as a dwelling) to—

(a) ascertain whether any—

(i) TSE susceptible animal; or

(ii) any mammalian meat and bone meal or processed animal protein, or any feed or feeding stuff,

is being or has been kept on the premises;

(b) ascertain whether—

(i) any TSE exists or has existed on the premises or any other premises; or

(ii) any animal which is being kept on the premises or has been kept on the premises is, or was at the time it was kept there, affected with any TSE;

(c) collect, pen, inspect and examine any TSE susceptible animal and for this purpose may require the keeper of any such animal to arrange for the collection and penning of the animal;

(d) inspect and examine—

(i) any mammalian meat and bone meal or processed animal protein;

(ii) any feeding stuff;

(iii) any production, storage, transport or other operation carried out under this Part of these Regulations and anything used for the marking and identification of any mammalian meat and bone meal or processed animal protein, or feeding stuff; or

(iv) the carcase of TSE susceptible animal;

(e) make any tests and take any samples from any mammalian meat and bone meal, processed animal protein, feeding stuff, or TSE susceptible animal, or the carcase of a TSE susceptible animal, as he or she considers necessary;

(f) mark for identification purposes any mammalian meat and bone meal, processed animal protein, feeding stuff, or TSE susceptible animal or the carcase of a TSE susceptible animal;

(g) serve a notice to restrict or prohibit the movement of any mammalian meat and bone meal, processed animal protein, feeding stuff, TSE susceptible animal or the carcase of a TSE susceptible animal;

(h) serve a notice under regulation 29(2) or (3) below or in accordance with regulation 29(4) below carry out or cause to be carried out the requirements of any notice so served;

(i) issue a licence in connection with the movement of any mammalian meat and bone meal or processed animal protein, feeding stuff, TSE susceptible animal or the carcase of a TSE susceptible animal;

(j) seize any mammalian meat and bone meal or processed animal protein, feeding stuff, TSE susceptible animal or the carcase of a TSE susceptible animal;

(k) serve any notice in connection with the seizure;

(l) slaughter any TSE susceptible animal or serve any notice in connection with the slaughter of the animal;

(m) serve a notice requiring any cleansing and disinfection or carry out or cause to be carried out any cleansing and disinfection;

(n) examine any record, in whatever form the record may be held, and take copies of the record;

(o) have access to, and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with any record; and for this purpose may require any person who has charge of or who is otherwise concerned with the operation of the computer, apparatus or material to afford to him or her such assistance as he or she may reasonably require and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away; or

(p) ascertain whether there is or has been any contravention of, or failure to comply with, this Part of these Regulations or any evidence of any such contravention or failure.

(3) No person except an inspector shall remove or otherwise interfere with any mark applied under paragraph (2)(f) above.

(4) If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for an inspector to enter any premises (excluding premises used only as a dwelling) for any purpose mentioned in paragraph (2) above and either—

(a) admission to the premises has been refused, or a refusal is expected, and that notice of the intention to apply for a warrant has been given to the occupier; or

(b) an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier is absent,

the justice of the peace may by warrant signed by him or her authorise an inspector to enter the premises, if need be by reasonable force.

(5) The occupier of premises entered by an inspector under this regulation or by virtue of a warrant issued under it, and his or her employees and any person on the premises who is or has been in possession or charge of any mammalian meat and bone meal or processed animal protein, or any animal or carcase, which is or has been on the premises, shall—

(a) provide reasonable facilities and assistance to the inspector, and comply with the reasonable requirements of the inspector, as considered by the inspector to be necessary for any purpose connected with the administration or enforcement of this Part of these Regulations; and

(b) if required by an inspector, give any information he or she possesses as to—

(i) any mammalian meat and bone meal or processed animal protein, or any animal or carcase which is or has been on the premises;

(ii) any animal or carcase with which any mammalian meat and bone meal or processed animal protein, or any animal or carcase, which is or has been on the premises may have come into contact; and

(iii) the location, transport and movement of any mammalian meat and bone meal or processed animal protein, or any animal or carcase, which is or has been in his or her possession or charge.

(6) An inspector entering any premises by virtue of this regulation, or of a warrant issued under it may take with him or her—

(a) any other persons he or she considers necessary to give such assistance as he or she considers necessary; and

(b) a representative of the European Commission acting for the purpose of the Community TSE Regulation or the Community Transitional Measures or any Community legislation referred to in that Regulation or those Measures; and

(7) If an inspector enters any unoccupied premises he or she must leave them as effectively secured against unauthorised entry as he or she found them.

(8) Any notice under this regulation shall be complied with at the expense of the person on whom the notice is served.

(9) If a notice under this regulation is not complied with, an inspector may arrange for it to be complied with at the expense of the person on whom the notice is served.