The Official Controls (Agriculture etc.) (Scotland) Regulations 2019

PART 4 S Enforcement and penalties

Enforcement and prosecution S

11.—(1) Enforcement of the [F1 Official Controls Regulation] and these Regulations is the responsibility of the competent authority or a designated authority.

(2) The Scottish Ministers may direct, in relation to a particular case or cases of a particular description, that these Regulations or the [F1 Official Controls Regulation] are to be enforced by the Scottish Ministers instead of a designated authority.

Textual Amendments

F1 Words in reg. 11 substituted (31.12.2020) by The Animal Health and Welfare and Official Controls (Agriculture) (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/380), regs. 1(3), 4(7)

Commencement Information

I1 Reg. 11 in force at 14.12.2019, see reg. 1(1)

Powers of enforcement officers S

12.—(1) An enforcement officer may—

(a) make any enquiries, observe any activity or process, and take photographs;

(b) inspect any article, container, plant, equipment or records of any class which appear to the enforcement officer to be relevant for the purposes of an investigation, and may as reasonably required make or require the making of copies of such records or remove such records;

(c) mark any item for identification purposes;

(d) require the production of any label, document or record (in whatever form it is held);

(e) inspect and take a copy of, or take a copy of an extract from, any label, document or record;

(f) have access to, and inspect and check the data on, and operation of, any computer or similar device;

(g) if the enforcement officer has reason to believe that a person is in contravention of these Regulations or the [F2 Official Controls Regulation], and that such data may be relevant to the contravention, seize and detain any equipment for the purposes of copying data or (where adequate inspection is impracticable) further inspection;

(h) if the enforcement officer has reason to believe that a person is in contravention of these Regulations or the [F2 Official Controls Regulation], and that certain records may be relevant to the contravention, seize and detain the records.

(2) An enforcement officer must—

(a) produce evidence of authorisation when requested to do so;

(b) as soon as reasonably possible—

(i) provide to the person appearing to be responsible for any record or equipment removed from any premises a written receipt identifying the items removed; and

(ii) when no longer required, return anything seized or detained.

Textual Amendments

F2 Words in reg. 12(1) substituted (31.12.2020) by The Animal Health and Welfare and Official Controls (Agriculture) (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/380), regs. 1(3), 4(8)

Commencement Information

I2 Reg. 12 in force at 14.12.2019, see reg. 1(1)

Powers of entry S

13.—(1) An enforcement officer may enter any premises (except any premises used wholly or mainly as a private dwelling) during normal working hours without prior notice, if the officer believes that it is necessary for the purpose of official controls or other official activities under these Regulations or the [F3 Official Controls Regulation].

(2) In circumstances where an enforcement officer is carrying out routine verification checks, notice must be provided before exercising a power of entry to premises during normal working hours.

(3) The requirement to give notice in paragraph (2) does not apply—

(a) where reasonable efforts to effect entry have failed;

(b) where the enforcement officer reasonably believes that giving notice would defeat the object of the entry, including any situation in which notice is not required under Article 9(4); or

(c) where the enforcement officer has a reasonable suspicion that any provision of these Regulations or the [F3 Official Controls Regulation] has been contravened.

(4) An enforcement officer must, if requested to do so, produce a duly authenticated authorisation document.

(5) A justice of the peace, sheriff or summary sheriff may grant a warrant to permit an enforcement officer to enter any premises, including a dwelling, if necessary by reasonable force, if satisfied on sworn information in writing—

(a) that there are reasonable grounds to enter the premises for the purpose of enforcing these Regulations or the [F3 Official Controls Regulation]; and

(b) that one or more of the conditions in paragraph (6) are met.

(6) The conditions are—

(a) that entry to the premises has been, or is likely to be, refused, and notice of the intention to apply for a warrant has been given to the occupier;

(b) that asking for admission to the premises, or giving such a notice, would defeat the object of the entry;

(c) that entry is required urgently;

(d) that the premises are unoccupied or the occupier is temporarily absent.

(7) A warrant granted under this regulation shall continue in force for a period of one month.

(8) An enforcement officer entering any premises which are unoccupied, or from which the occupier is temporarily absent, must leave them as effectively secured against unauthorised entry as they were before entry.

(9) An enforcement officer may—

(a) be accompanied by such other persons, up to a maximum of three, as the officer considers necessary;

(b) bring onto the premises such equipment as the officer considers necessary.

Textual Amendments

F3 Words in reg. 13 substituted (31.12.2020) by The Animal Health and Welfare and Official Controls (Agriculture) (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/380), regs. 1(3), 4(9)

Commencement Information

I3 Reg. 13 in force at 14.12.2019, see reg. 1(1)

Offences and penalties S

14.—(1) A person is guilty of an offence if without reasonable excuse that person obstructs or causes or permits to be obstructed—

(a) an auditor;

(b) an inspector;

(c) any person who accompanies an auditor or inspector; or

(d) an enforcement officer.

(2) For the purposes of paragraph (1), obstruction includes failure by any person—

(a) to produce records or provide reasonable facilities for copying records; or

(b) to provide relevant information when requested.

(3) A person is guilty of an offence if without reasonable excuse that person supplies an auditor, inspector or enforcement officer with information which, in any material particular, is false or misleading.

(4) A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 5 on the standard scale, or to imprisonment for a term not exceeding three months, or to both.

Commencement Information

I4 Reg. 14 in force at 14.12.2019, see reg. 1(1)

Offences by bodies corporate S

15.—(1) Where—

(a) an offence under regulation 14 is committed by a body corporate, a Scottish partnership or other unincorporated association; and

(b) it is shown that the offence was committed with the consent or connivance of an officer, or was attributable to any neglect on the part of the officer,

the officer as well as the body corporate is guilty of the offence, and liable to be proceeded against and punished accordingly.

(2) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with any functions of management as if that person were a director of the body.

(3) “Officer” includes—

(a) in relation to a body corporate—

(i) a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity;

(ii) where the affairs of the body are managed by its members, a member;

(b) in relation to a Scottish partnership, a partner;

(c) in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.

Commencement Information

I5 Reg. 15 in force at 14.12.2019, see reg. 1(1)

Time limits for prosecution S

16.  A prosecution for an offence under this Part must begin no later than the earlier of the expiry of—

(a) three years from the commission of the offence; or

(b) one year from its discovery by the prosecutor.

Commencement Information

I6 Reg. 16 in force at 14.12.2019, see reg. 1(1)