The Poultrymeat (Scotland) Regulations 2011

Powers of entry S

10.—(1) An authorised officer may enter any premises at any reasonable hour for the purpose of ensuring that the provisions of these Regulations are being complied with.

(2) The authorised officer may be accompanied by—

(a) such other persons as the authorised officer considers necessary; and

(b) any representative of the European Commission.

(3) An authorised officer must not exercise the powers under paragraph (1) or (2) except on the production, if so required, of a duly authenticated document showing the authorised officer's authority.

(4) In paragraph (1) the reference to premises is to be construed as not including premises used only as a private dwelling-house.

(5) If a sheriff or justice of the peace, on information in writing sworn on oath, is satisfied of the matters mentioned in paragraph (6), the sheriff or justice of the peace may grant a warrant permitting an authorised officer to enter any premises, if need be by reasonable force.

(6) The matters are that—

(a) there are reasonable grounds for believing that Condition A or B is met; and

(b) Condition C, D or E is met.

(7) Condition A is that on the premises there are items of the type mentioned in regulation 11(1)(a) or documents or records of the type mentioned in regulation 11(1)(d) and that their inspection is likely to disclose evidence of a contravention of these Regulations.

(8) Condition B is that a contravention of these Regulations has occurred, is occurring or is about to occur on the premises.

(9) Condition C is that admission by an authorised officer to the premises has been, or is likely to be, refused, and that the occupier has been informed (whether orally or in writing) that a warrant may be applied for.

(10) Condition D is that admission by an authorised officer to the premises has been, or is likely to be, refused, and informing the occupier that a warrant under this regulation may be applied for may defeat the object of the entry.

(11) Condition E is that the premises are unoccupied or that the occupier is temporarily absent and it may defeat the object of the entry to await the occupier's return.

(12) A warrant granted under paragraph (5)—

(a) is valid for one month, beginning with the day on which it is granted; and

(b) must be produced for inspection to the person (if there is one) who appears to the authorised officer to be the occupier, or the person in charge of the premises.

(13) An authorised officer who enters any premises that are unoccupied or where the occupier is temporarily absent must leave the premises as effectively secured against unauthorised entry as when the authorised officer found them.