The Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002

[F1 Powers of inspectors S

32A.— (1) For the purpose of enforcing these Regulations, an inspector may exercise any of the powers specified in this regulation.

(2) An inspector may, on producing if so required a duly authenticated document showing their authority, at all reasonable hours enter any land (excluding any premises used wholly or mainly as a private dwelling).

(3) If a sheriff, on sworn information in writing, is satisfied that there are reasonable grounds for entry into any premises by an inspector under this regulation and either that—

(a) entry has been refused or a refusal is reasonably expected, and that person has given notice to the occupier of their intention to apply for an entry warrant, or

(b) a request for entry, or the giving of such a notice, would frustrate the object of entry, or entry is urgently required, or the premises are unoccupied, or the occupier is temporarily absent and it would frustrate the object of entry to await the occupier’s return,

the sheriff, may, by signed warrant, valid for a period of no more than one month, authorise that person, together with any person who may accompany an inspector by virtue of paragraph (4)(a), to enter the premises, if need be by reasonable force.

(4) An inspector may—

(a) take onto the land such other persons and such materials and equipment (including vehicles) as may be reasonably required for the purpose of assisting the inspector to exercise the power,

(b) do anything else which is reasonably required for that purpose,

(c) take samples of things on the land,

(d) mark anything on the land for identification purposes,

(e) in the case of anything on the land which appears to contain or have contained a genetically modified organism-

(i) cause it to be dismantled or subjected to any process or test, or

(ii) examine it,

(f) take a photograph or any other digital record of anything on the land,

(g) require access to, inspect and take copies of, or extracts from, any information on the land,

(h) take away any information to enable it to be copied or kept as evidence,

(i) require access to, inspect and check the operation of any computer and any associated apparatus or material and, for this purpose, require any person having charge of, or otherwise concerned with the operation of, any computer, apparatus or material to give the inspector such assistance as the inspector may reasonably require,

(j) where information is kept by means of a computer, require it to be produced in a form in which it can be taken away.

(5) If an inspector causes damage in exercising the power, they must take reasonable steps to remedy the damage.

(6) If an inspector enters unoccupied land in exercising the power, the inspector must leave the land as effectively secured against unauthorised entry as the inspector found it.

(7) In this regulation, “inspector” means a person appointed by the Scottish Ministers.

(8) In this regulation, “sheriff” includes a summary sheriff.]

Textual Amendments

F1 Pt. 6A inserted (15.3.2019) by The Genetically Modified Organisms (Deliberate Release etc.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/86), regs. 1(1), 16