The Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) Regulations 2005 (revoked)

Powers of authorised persons

7.—(1) An authorised person may exercise any of the powers specified in this regulation for the purpose of—

(a) providing a control report pursuant to Article 48 of the Commission Regulation;

(b) establishing whether there has been a non compliance; or

(c) ascertaining whether an offence under these Regulations has been or is being committed.

(2) An authorised person—

(a) shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours to enter any land, other than a building used only as a dwelling, for the purposes of administering and enforcing these Regulations, the Council Regulation and the Commission Regulation; but

(b) may only do so if the land is a holding occupied by, or in the possession of, a farmer or employee, agent, contractor or tenant of a farmer, or if he has reasonable cause to believe that is so.

(3) An authorised person may—

(a) carry out any inquiries, checks, examinations[F1 , measurements] and tests;

(b) take samples;

(c) inspect all or any part of the land, whether it is farmed or is withdrawn from agricultural production, including land set aside pursuant to Article 54 or 55(b) of the Council Regulation;

(d) inspect any crops growing on that land[F2 , or any livestock or any other thing kept on it];

(e) mark any animal or other thing for identification purposes;

(f) have access to, inspect and copy any [F3 documents or records] (in whatever form they are held) kept in relation to activities covered by these Regulations or remove such [F3 documents or records] to enable them to be copied; F4 ...

(g) have access to, inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the [F3 documents or records]; and for this purpose require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require and, where a [F5 document or record] is kept by means of a computer, require the [F5 document or record] to be produced in a form in which it can be taken away[F6 ;]

[F6 (h) remove a carcass found on the land for the purpose of carrying out a post-mortem examination on it;

(i) take a photograph of anything on the land; and

(j) remove anything which he reasonably believes to be evidence of any non-compliance.]

(4) An authorised person entering any premises by virtue of this regulation may take with him—

(a) such other persons as he considers necessary; and

(b) any representative of the European Commission acting for the purposes of the Council Regulation or the Commission Regulation.

(5) If an authorised person enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.

(6) Where an authorised person enters any land, other than a building used only as a dwelling, under a power bestowed on him by other legislation he may exercise any of the powers specified in paragraphs (3) and (4) for the purposes of paragraph (1).

Textual Amendments

F1 Word in reg. 7(3)(a) inserted (1.1.2007) by The Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) (Amendment) Regulations 2006 (S.I. 2006/3254), regs. 1, 5(a)

F2 Words in reg. 7(3)(d) substituted (1.1.2007) by The Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) (Amendment) Regulations 2006 (S.I. 2006/3254), regs. 1, 5(b)

F3 Words in reg. 7(3)(f)(g) substituted (1.1.2007) by The Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) (Amendment) Regulations 2006 (S.I. 2006/3254), regs. 1, 5(c)

F4 Word in reg. 7(3)(f) omitted (1.1.2007) by virtue of The Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) (Amendment) Regulations 2006 (S.I. 2006/3254), regs. 1, 5(e)

F5 Words in reg. 7(3)(g) substituted (1.1.2007) by The Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) (Amendment) Regulations 2006 (S.I. 2006/3254), regs. 1, 5(d)

F6 Reg. 7(3)(h)-(j) added (1.1.2007) by The Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) (Amendment) Regulations 2006 (S.I. 2006/3254), regs. 1, 5(f)

Modifications etc. (not altering text)

C1 Reg. 7(3) applied (12.2.2007) by The Rural Development (Enforcement) (England) Regulations 2007 (S.I. 2007/75), regs. 1, 5(2)