The Official Feed and Food Controls (Scotland) Regulations 2005

Power of entry for persons monitoring enforcement action S

10.—(1) The Agency may authorise any individual (whether a member of its staff or otherwise) to exercise the powers specified in paragraph (4) for the purpose of carrying out its function under regulation 8 in relation to any enforcement authority.

(2) No authorisation under this regulation shall be issued except in pursuance of a decision taken by the Agency itself or by a committee, sub committee or member of the Agency acting on behalf of the Agency.

(3) An authorisation under this regulation shall be in writing and may be given subject to any limitations or conditions specified in the authorisation (including conditions relating to hygienic precautions to be taken while exercising powers in pursuance of the authorisation).

(4) An authorised person may–

(a) enter any premises mentioned in paragraph (5) at any reasonable hour in order to inspect the premises or anything which may be found on them;

(b) take samples of any articles or substances found on such premises;

(c) inspect and copy any records found on such premises (and, if they are kept in computerised form, require them to be made available in a legible form);

(d) require any person present on such premises to provide the authorised person with such facilities, such records or information and such other assistance as the authorised person may reasonably request.

(5) The premises which may be entered by an authorised person are–

(a) any premises occupied by the enforcement authority;

(b) any laboratory or similar premises at which work related to the enforcement of any relevant legislation has been carried out for the enforcement authority; and

(c) any other premises (not being a private dwelling house) which the authorised person has reasonable cause to believe are premises in respect of which the enforcement powers of the enforcement authority are (or have been) exercisable.

(6) An authorised person entering premises by virtue of the power of entry conferred by this regulation may be accompanied by any other person the authorised person may consider appropriate.

(7) An authorised person shall on request–

(a) produce that person's authorisation before exercising any powers under paragraph (4); and

(b) provide a document identifying any sample taken, or documents copied, under those powers.

(8) If a person who enters any premises by virtue of this regulation discloses to any person any information obtained on the premises with regard to any trade secret the person making the disclosure is, unless the disclosure is made in the performance of that person's duty, guilty of an offence.

(9) Where the Agency is the enforcement authority in relation to relevant audit legislation this regulation applies in relation to the Agency in respect of its performance in enforcing those provisions, with the omission of paragraph (5)(a).

(10) In this regulation “authorised person” means a person authorised under this regulation.

Modifications etc. (not altering text)

C1 Reg. 10(1)-(8) applied (with modifications) (15.3.2007) by The Official Controls (Animals, Feed and Food) (Scotland) Regulations 2007 (S.S.I. 2007/91), regs. 1(1), 9(1)(2)

C2 Reg. 10(10) applied (with modifications) (15.3.2007) by The Official Controls (Animals, Feed and Food) (Scotland) Regulations 2007 (S.S.I. 2007/91), regs. 1(1), 9(1)(2)