PART 6Enforcement and miscellaneous provisions

Application of other provisions of the Order34

1

Article 33 of the Order (powers of entry) applies, with the modification (in the case of Article 33(1)) specified in Part 2 of Schedule 12 for the purposes of enabling an authorised officer—

a

to exercise a power of entry to ascertain whether there is, or has been, any contravention of a provision of Regulation 115/2010 specified in Schedule 12;

b

to exercise a power of entry to ascertain whether there is any evidence of any contravention of such a provision; and

c

when exercising a power of entry under Article 33, as applied by this paragraph, to exercise the powers in paragraphs (6) and (7) relating to records.

2

Article 37 (appeals) and Article 38 (appeals against improvement notices) of the Order apply, with the modifications specified in Part 3 of Schedule 12 for the purpose of enabling a decision to serve a notice referred to in Regulation 33(1) to be appealed.

3

The provisions of the Order specified in column 1 of the table in Part 4 of Schedule 12 apply, with the modifications specified in column 2 of that Part, for the purposes of these Regulations.

4

Paragraphs (1) to (3) are without prejudice to the application of the Order to these Regulations for purposes other than those specified in those paragraphs.