The Bovine Spongiform Encephalopathy (Feeding Stuffs and Surveillance) Regulations 1999

Investigation of the disease in bovine animals

4.—(1) When carrying out an investigation of the disease as part of a programme of monitoring by the appropriate Minister under Article 4(1) of the Commission Decision, a veterinary inspector may–

(a) inspect and examine any bovine animal or any carcase of a bovine animal on any premises;

(b) make such tests in relation to, and take such samples from, any bovine animal or a carcase of any bovine animal on any premises as he may consider necessary for the purpose of diagnosis or research in relation to the disease;

(c) mark for identification purposes any bovine animal or any carcase of a bovine animal on any premises; and

(d) examine any record in whatever form on the premises, and take copies of those records, which he believes may be relevant to any such inspection, examination, test, sampling or marking.

(2) The occupier of any premises, any employee of such a person and any person who is or has been in possession or charge of any bovine animal or carcase which is or has been on any premises, shall–

(a) provide such reasonable facilities and comply with such reasonable requirements as are necessary for an investigation of the disease as part of a programme of monitoring carried out by the appropriate Minister under Article 4(1) of the Commission Decision; and

(b) if so required by an authorised officer give such information as he possesses as to–

(i) any bovine animal or carcase which is or has been on the premises,

(ii) any other animal or carcase with which any bovine animal or carcase which is or has been on the premises may have come into contact, and

(iii) the location and movement of any bovine animal or carcase which is or has been in his possession or charge.

(3) An authorised officer shall, on producing, if so required, a duly authenticated document showing his authority, have a right at all reasonable hours–

(a) to enter any premises–

(i) for the purpose of ascertaining whether any bovine animal is being or has been kept on the premises, or

(ii) for any other purpose connected with an investigation of the disease as part of a programme of monitoring by the appropriate Minister under Article 4(1) of the Commission Decision; or

(b) to enter any premises for the purpose of ascertaining whether there is on the premises any evidence of a contravention of the provisions of this regulation.

(4) If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry onto any premises for any of the purposes mentioned in paragraph (3) above, and that either–

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

(b) an application for admission, or the giving of such a notice, would defeat the object of the entry, the case is one of urgency, the premises are unoccupied or the occupier is temporarily absent,

the justice may by warrant signed by him authorise an authorised officer to enter the premises, if need be by reasonable force.

(5) In the application of this regulation to Scotland any reference to a justice of the peace includes a reference to the sheriff and to a magistrate.

(6) An authorised officer, when entering any premises for any of the purposes mentioned in paragraph (3) above, or when on any premises for any such purpose, may–

(a) examine any record in whatever form on the premises, and take copies of those records;

(b) have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with any records, and may require any person having charge of, or who is otherwise concerned with the operation of the computer, apparatus or material to afford him such assistance as he may reasonably require;

(c) where records are kept by means of a computer, require the records to be produced in a form in which they can be taken away;

(d) take with him such other person as he considers necessary–

(i) to carry out any checks and examinations for the purposes of this regulation, or

(ii) for any purpose in relation to the execution of this regulation; and

(e) take with him a representative of the European Commission acting for any purposes in relation to the Commission Decision.