The Food (Northern Ireland) Order 1989

Power to enter premises

47.—(1) Subject to the provisions of this Article, an authorised officer of a district council shall, on producing, if so required, some duly authenticated document showing his authority, have a right to enter any premises at all reasonable hours—

(a) for the purpose of ascertaining whether there is or has been on, or in connection with, the premises any contravention of the provisions of this Order or of any regulations or byelaws made under it, being provisions which the council is required or empowered to enforce; and

(b) generally for the purpose of the performance by the council of its functions under this Order, or any such regulations or byelaws.

(2) Admission to any premises used only as a private dwelling-house shall not be demanded under paragraph (1) as of right unless twenty-four hours' notice of the intended entry has been given to the occupier.

(3) If a justice of the peace, on sworn information in writing,—

(a) is satisfied that there is reasonable ground for entry into any premises for any purpose mentioned in paragraph (1); and

(b) is also satisfied either—

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

(ii) that 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 that the occupier is temporarily absent;

the justice may by warrant signed by him authorise the council by any authorised officer to enter the premises, if need be by force.

(4) An authorised officer entering any premises by virtue of this Article, or of a warrant issued under it, may take with him such other persons as may be necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectively secured against trespassers as he found them.

(5) Every warrant granted under this Article shall continue in force for a period of one month.

(6) If any person who, in compliance with the provisions of this Article, or of any warrant issued under it, is admitted into a factory or workplace, discloses to any person any information obtained by him in the factory or workplace with regard to any manufacturing process or trade secret, he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence.

(7) Nothing in this Article shall authorise any person, except with the permission of the Department of Agriculture under the Diseases of Animals (Northern Ireland) Order 1981(1), to enter any cowshed or other place in which an animal affected, or suspected of being affected, with any disease to which that Order applies is kept.

(1)

1981 NI 22