The Common Agricultural Policy Single Farm Payment and Support Schemes (Scotland) Regulations 2011

Powers of authorised persons

2.—(1) An authorised person may at all reasonable hours and on producing, if so required, a duly authenticated document showing that person’s authority, exercise any of the powers specified in this regulation for the purposes of—

(a) carrying out any specified control measure; or

(b) ascertaining whether an offence under paragraph 7 has been or is being committed.

(2) An authorised person may enter any land, other than premises used only as a dwelling, which is, or which such person has reasonable cause to believe to be, an IACS holding or keeper’s holding occupied by, or in the possession of, an applicant or keeper, or any employee, agent, contractor or tenant of an applicant or keeper.

(3) If a sheriff or justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry into any premises by an authorised person under this paragraph and either that—

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

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

the sheriff or justice may by signed warrant, valid for a period of no more than one month, authorise that person, together with any person who may accompany him or her by virtue of sub-paragraph (6), to enter the premises, if need be by reasonable force.

(4) An authorised person who has entered any land by virtue of this paragraph may—

(a) inspect and verify the total area of land farmed by an applicant or used by a keeper;

(b) inspect and count any cattle on that land; and

(c) carry out any other activity which is a specified control measure.

(5) An authorised person may—

(a) require an applicant or keeper, or any employee, agent, contractor or tenant of an applicant or keeper, to produce any specified record or supply such additional information in the possession or under the control of that person as the authorised person may reasonably require;

(b) inspect any specified record or additional information required under head (a) and, where any such record or information is kept by means of a computer, have access to and check the data on, and operation of, any computer and any associated apparatus or material that is or has been used in connection with that record or information; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford such assistance (including the provision of passwords) as may reasonably be required and, where these items are kept by means of a computer may require them to be produced in a visible and legible form in which they may be taken away;

(c) require that copies of, or extracts from, any specified record or additional information be produced;

(d) seize and retain any specified record or additional information which that authorised person has reason to believe may be required as evidence in any court or other proceedings under these Regulations and, where any such record or information is kept by means of a computer, require it to be produced in a form in which it may be taken away;

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

(f) take samples;

(g) inspect all or any part of the land whether it is farmed or is withdrawn from agricultural production; and

(h) mark any animal or other thing for identification purposes.

(6) An authorised person entering any premises by virtue of this paragraph may be accompanied by—

(a) such other persons as that person considers necessary to exercise the powers specified in this paragraph; and

(b) any representative of the European Commission acting for the purpose of Article 27 of Council Regulation 73/2009.

(7) An authorised person who enters any unoccupied premises must leave them as effectively secured against unauthorised entry as before those premises were entered.