The Common Agricultural Policy Direct Payments and Support Schemes (Cross Compliance) Regulations (Northern Ireland) 2014

Powers of authorised personsN.I.

This section has no associated Explanatory Memorandum

5.—(1) An authorised person may exercise any of the powers specified in this regulation for the purposes of —

(a)providing the control report pursuant to Article 72 of the Commission Implementing Regulation;

(b)establishing whether there has been non-compliance in any case; or

(c)ascertaining whether an offence under these Regulations has been or is being committed.

[F1(2) An authorised person, on producing, if so required, some duly authenticated document showing the person’s authority to do so, may at all reasonable hours enter any land, other than a building used only as a dwelling.]

(3) An authorised person may—

(a)carry out any inquiries, checks, examinations, measurements and tests;

(b)take samples;

(c)inspect all of any part of the land, (whether it is farmed or is withdrawn from agricultural production) and any livestock, crops, machinery or equipment;

(d)mark any animal or other thing for identification purposes;

(e)have access to, inspect and copy any documents or records (in whatever form they are held) or remove such records to enable them to be copied;

(f)have access to, inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the documents or records; and for this purpose require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford such assistance as is reasonably required and, where a document or record is kept by means of a computer, require the document or record to be produced in a form in which it can be taken away;

(g)remove a carcase found on the land for the purpose of carrying out a post-mortem examination on it;

(h)take a photograph of anything on the land; and

(i)remove anything reasonably believed to be evidence of any non-compliance.

(4) An authorised person entering any premises by virtue of this regulation may take with him—

(a)such other persons as he considers necessary; and

(b)any representative of the European Commission acting for the purposes of the Horizontal Regulation, the Commission Implementing Regulation and the Commission Delegated Regulation.

[F2(4A) Paragraph (4)(b) applies only for matters relating to direct payments in a claim year prior to 2020.]

(5) If an authorised person enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.

(6) An authorised person who enters any land under a power under other legislation may exercise any of the powers specified in this regulation for the purposes of enforcing these Regulations.

Textual Amendments