The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020

PART 2 E+W Audits and official controls

Powers of auditors E+W

5.—(1) An auditor may exercise the powers in this regulation and carry out an audit in accordance with the [F1 Official Controls Regulations] if so authorised—

(a) in relation to carrying out an audit of the activities of a designated authority, by the designated authority, or

(b) in relation to carrying out an audit pursuant to regulation 6(2), by the Welsh Ministers.

(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 a power of entry may be accompanied by any person whose assistance is reasonably required by the auditor.

(4) An auditor may request such information from any person at any premises that is subject to an audit as may reasonably be required for purposes of the audit, and may inspect such records as may reasonably be required 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 must, upon request, produce evidence of authorisation under these Regulations.

(7) This regulation does not apply where an auditor undertakes an audit in accordance with regulation 7 on behalf of the Agency.

Textual Amendments

F1 Words in reg. 5(1) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1639), regs. 1(2), 3(4)

Commencement Information

I1 Reg. 5 in force at 31.1.2020, see reg. 1(2)

Powers of the Welsh Ministers in relation to audits of designated authorities E+W

6.—(1) The Welsh Ministers may make a written request to a designated authority to provide information by a specified date about any audits it has carried out or undergone or which it plans to carry out or undergo.

(2) The Welsh Ministers may require an auditor to carry out an audit of a designated authority.

(3) The designated authority must provide such assistance to that auditor as may reasonably be required in order for the auditor to carry out the audit effectively.

Commencement Information

I2 Reg. 6 in force at 31.1.2020, see reg. 1(2)

Powers of the Agency undertaking audits on behalf of the Welsh Ministers E+W

7.—(1) Where the Welsh Ministers arranges for the Agency to undertake an audit, the audit provisions of the Feed and Food Regulations apply as if—

(a) the undertaking of the audit were a purpose referred to in regulations 8(1) and 9(1) of the Feed and Food Regulations, and

(b) the competent authority concerned were an enforcement authority to which regulations 8 and 9 of the Feed and Food Regulations applied.

(2) For the purposes of paragraph (1), the audit provisions of the Feed and Food Regulations are—

(a) regulations 8 and 9(1) to (8) and (10), as read with regulation 10 of those Regulations, and

(b) regulation 11 of those Regulations.

(3) Where the Agency undertakes an audit, regulations 17(2), (4) and (5)(c), 18(2) to (9), 19 to 21, 45 to 47, 49 and 50 of the Feed and Food Regulations apply as if the audit were undertaken under those Regulations and enforced or undertaken thereunder by the Agency.

Commencement Information

I3 Reg. 7 in force at 31.1.2020, see reg. 1(2)