The TSE (Wales) Regulations 2002

Powers of inspectors E+W

71.—(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 this Part of these Regulations.

(2) An inspector on producing, if required to do so, some duly authenticated document showing his or her authority, may enter at all reasonable times any premises (excluding premises used only as a dwelling) to—

(a) ascertain whether any—

(a) TSE susceptible animal; or

(b) any specified risk material,

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 TSE susceptible animal to arrange for the collection and penning of the animal;

(d) inspect and examine—

(a) specified risk material; or

(b) the carcase of any TSE susceptible animal;

(e) take such samples from, and make such tests in relation to, any—

(i) TSE susceptible animal;

(ii) carcase of a TSE susceptible animal;

(iii) specified risk material or any other material appearing to him or her to be derived from an animal;

(iv) food or feeding stuff;

(v) cosmetic, pharmaceutical or medical product,

as he or she considers necessary;

(f) mark for identification purposes any specified risk material or TSE susceptible animal, or the carcase of a TSE susceptible animal;

(g) serve on the person in charge of a TSE susceptible animal, or the person in possession of the carcase of any TSE susceptible animal, or in possession of any specified risk material, a notice—

(i) to restrict or prohibit the movement of the TSE susceptible animal, the carcase of any TSE susceptible animal or specified risk material; or

(ii) in respect of the carcase of any TSE susceptible animal or specified risk material, to require the person to dispose of the carcase or specified risk material in the manner and period specified in the notice.

(h) issue a licence in connection with the movement of any specified risk material, TSE susceptible animal or the carcase of a TSE susceptible animal;

(i) seize any specified risk material, TSE susceptible animal or the carcase of a TSE susceptible animal;

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

(k) serve any notice—

(i) in connection with the seizure of any specified risk material, TSE susceptible animal or the carcase of a TSE susceptible animal; or

(ii) under regulation 72(1) or (2) below;

(l) inspect—

(i) any part of the premises; or

(ii) any equipment at the premises;

(m) inspect any facility, operation or procedure at the premises including—

(i) any means of preparing, manufacturing, treating (including subjecting to heat or cold) food or specified risk material; or

(ii) any facility, operation or procedure at the premises in connection with the removal, collection, transport, disposal or destruction of specified risk material;

(n) issue any licence, suspension of a licence, withdrawal of a licence or revocation of a licence under this Part of these Regulations;

(o) give any direction under regulation 73 below;

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

(q) 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 the inspector 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

(r) ascertain whether there is or has been any contravention of, or failure to comply with, this Part of these Regulations or Schedule 6 to these Regulations or any evidence of any 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 specified risk material or any animal or carcase, which is or has been on the premises, must—

(a) provide reasonable facilities and assistance to the inspector and comply with all 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 specified risk material or any animal or carcase which is or has been on the premises;

(ii) any animal or carcase with which any specified risk material 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 specified risk material 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.