The TSE (Wales) Regulations 2002

Measures for the purposes of Chapter IV of the Community TSE Regulation E+W

79.—(1) An inspector may make any enquiries and carry out any investigations he or she considers necessary for any purpose connected with the administration or enforcement of Chapter IV of the Community TSE Regulation.

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

(a) ascertain whether any TSE susceptible animal 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 the carcase of a TSE susceptible animal;

(e) make any tests and take any samples from any TSE susceptible animal, or the carcase of any TSE susceptible animal, as he or she considers necessary;

(f) mark for identification purposes any TSE susceptible animal, or the carcase of any TSE susceptible animal, or administer or otherwise attach to any TSE susceptible animal an electronic identification device;

(g) serve a notice to restrict or prohibit the movement of any TSE susceptible animal or the carcase or any TSE susceptible animal;

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

(i) seize any TSE susceptible animal, the carcase, or any part of the carcase, of any TSE susceptible animal or any blood, and serve any notice in connection with the seizure;

(j) give any direction under regulation 83 below;

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

(l) slaughter any TSE susceptible 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 may remove or otherwise interfere with any mark applied to a TSE susceptible animal or the carcase of a TSE susceptible animal under paragraph 2(f) above and no person except a veterinary inspector may remove or otherwise interfere with any electronic identification device attached to or otherwise administered to a TSE susceptible animal under that paragraph.

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

(b) an application for admission, or the giving of such a notice, would defeat the object of entering the premises, 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 issue a warrant authorising an inspector to enter the premises for that purpose, 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 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 Chapter IV of the Community TSE Regulation; and

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

(i) any animal or carcase which is or has been on the premises;

(ii) any other animal or carcase with which any animal or carcase which is or has been on the premises may have come into contact; and

(iii) the location and movement of 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) such other persons as 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.

(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.