The Aquatic Animal Health Regulations (Northern Ireland) 2009

Powers of entry N.I.

37.—(1) An inspector may, on producing, if so required, some duly authenticated document showing the inspector’s authority, enter any premises at any reasonable time for the purposes of [F1 Regulation 2016/429] and, in particular, for the purposes of—

(a) administering and enforcing these Regulations;

(b) monitoring or surveillance for disease.

[F2 (2) An inspector entering any premises, may be accompanied by such persons, and may enter with such equipment or vehicle, as the inspector considers necessary.]

(3) An inspector may not enter any premises used wholly or mainly for residential purposes unless a lay magistrate has issued a warrant authorising the inspector to do so.

(4) If a lay magistrate, on sworn complaint in writing, is satisfied—

(a) that there is reasonable ground for entry onto any premises for any of the purposes mentioned in paragraph (1); and

(b) that any one or more of the conditions in paragraph (5) is fulfilled in relation to the premises,

the lay magistrate may issue a warrant authorising the inspector to enter the premises, if need be by reasonable force.

(5) The conditions are—

(a) that admission to the premises has been refused;

(b) that such refusal is apprehended;

(c) that the premises are unoccupied or the occupier is temporarily absent;

(d) that the case is one of urgency;

(e) that an application for admission would defeat the object of the entry;

(f) that the premises are used wholly or mainly for residential purposes.

(6) A warrant issued under paragraph (4) shall continue in force—

(a) for one month; or

(b) until the purpose for which it was issued has been fulfilled,

whichever is the sooner.

(7) If an inspector enters any unoccupied premises by virtue of a warrant the inspector shall leave them as effectively secured against unauthorised entry as the inspector found them.

Textual Amendments

F1 Words in reg. 37(1) substituted (30.10.2023) by The Aquatic Animal Health (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/163), regs. 1(1), 9

F2 Reg. 37(2) substituted (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/581), regs. 1(1), 2(15)(b); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Reg. 37 in operation at 27.3.2009, see reg. 1(1)