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- Point in Time (23/03/2011)
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Version Superseded: 12/12/2013
Point in time view as at 23/03/2011. This version of this provision has been superseded.
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There are currently no known outstanding effects for the The Animal By-Products (Enforcement) (England) Regulations 2011 (revoked), Section 23.
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23.—(1) An authorised person may, on production of that person’s authority if so required—
(a)enter and inspect premises (except a dwelling-house) at all reasonable hours;
(b)take such other persons and any equipment or materials as necessary;
(c)make such examination or investigation as necessary;
(d)direct that the premises, or part of them, are left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under sub-paragraph (c);
(e)take such measurements and photographs and make such recordings as are considered necessary for the purpose of any examination or investigation under sub-paragraph (c);
(f)in the case of any article or substance found in or on the premises—
(i)take samples;
(ii)test or subject it to any process, where it appears that it has caused or is likely to cause harm to human health or to the health of animals or plants;
(iii)take possession of it and retain it for so long as is necessary—
(aa)to examine it and to exercise the power within paragraph (ii);
(bb)to ensure that it is not tampered with before examination of it is completed; and
(cc)to ensure that it is available for use as evidence in any proceedings for an offence under these Regulations;
(g)require the production of, or where the information is recorded in computerised form the furnishing of extracts from, any records which it is necessary to see for the purposes of any examination or investigation under sub-paragraph (c) and to inspect and take copies of, or of any entry in, the records;
(h)require any person to afford such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the authorised person to exercise any of the powers conferred by this regulation; or
(i)mark any animal or animal by-product as the authorised person considers necessary.
(2) Where an authorised person proposes to exercise the power in paragraph (1)(f)(ii), the authorised person must—
(a)if so requested by a person who at the time is present and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power to be done in that person’s presence;
(b)consult such persons as appear to the authorised person appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which is proposed under that power.
(3) Where an authorised person in respect of the power in paragraph (1)(f)(iii)—
(a)proposes to exercise that power, the authorised person must, if it is practicable to do so, take a sample of it and give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it; or
(b)exercises that power, the authorised person must leave a notice giving particulars of the article or substance sufficient to identify it and stating that possession has been taken, such notice to be left either—
(i)with a responsible person; or
(ii)if that is impracticable, fixed in a conspicuous place at those premises.
(4) Nothing in this regulation compels the production by any person of a document which that person would be entitled to withhold production of on the grounds of legal professional privilege on an order for discovery in an action in the High Court.
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