Powers of inspectorsE+W+S
34.—(1) An inspector may, on giving reasonable notice, and on producing a duly authenticated authorisation if required, enter any premises, vehicle, vessel or trailer (except if used wholly or mainly as a private dwelling) at any reasonable hour for the purpose of executing or enforcing these Regulations.
(2) The requirement to give notice does not apply where—
(a)the requirement has been waived by the occupier;
(b)reasonable efforts to identify the occupier have failed;
(c)reasonable efforts to agree an appointment have failed;
(d)an inspector has reasonable suspicion of a failure to comply with these Regulations; or
(e)the inspector has reasonable suspicion that disease is likely to spread to other premises if an immediate check is not carried out on the pigs at the premises.
(3) A justice of the peace, or in Scotland a stipendiary magistrate or a sheriff, may by signed warrant permit an inspector to enter any premises, vehicle, vessel or trailer, if necessary by reasonable force, if satisfied on sworn information in writing—
(a)that there are reasonable grounds to enter those premises for the purpose of executing or enforcing these Regulations; and
(b)that any of the conditions in paragraph (4) are met.
(4) The conditions are—
(a)entry to 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)asking for admission to premises, or giving such a notice, would defeat the object of the entry;
(c)entry is required urgently; or
(d)the premises are unoccupied or the occupier is temporarily absent.
(5) A warrant is valid for three months.
(6) An inspector entering 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.
(7) An inspector entering any premises, vehicle, vessel or trailer may—
(a)inspect any pig or thing there;
(b)take samples;
(c)seize and destroy any equipment or other thing that may spread disease;
(d)detain or isolate any pig, equipment or other thing that may spread disease;
(e)mark, tag or micro-chip for identification purposes any pig or thing;
(f)carry out any inquiries, examinations and tests;
(g)move any pig or vehicle, vessel or trailer carrying a pig or any other thing that may be contaminated with disease to a specified location;
(h)undertake surveillance for vectors and implement insect control measures;
(i)undertake surveillance for feral pigs;
(j)capture and detain a feral pig;
(k)in the case of classical swine fever, vaccinate a feral pig;
(l)take samples from a feral pig, or authorise another under supervision to take such samples;
(m)kill a feral pig (or authorise another person under the inspector’s supervision to kill a feral pig) if the Chief Veterinary Officer is satisfied that killing is necessary either for the control of disease or for surveillance purposes, and in particular if—
(i)it is not reasonably practicable to take samples from the feral pig without killing it;
(ii)it is not reasonably practicable to detain it pending the results of any testing or sampling; or
(iii)feral pigs are suspected by the Chief Veterinary Officer of—
(aa)spreading disease,
(bb)being likely to spread disease, or
(cc)being at risk of contracting disease;
(n)have access to, inspect and copy any documents or records (in whatever form they are held) appertaining to these Regulations, and remove them to enable them to be copied;
(o)inspect and check the operation of any computer and any associated apparatus or material that is or has been in use in connection with any documents or records;
(p)require by notice served on the occupier—
(i)any pig to be marked, tagged or micro-chipped for identification purposes;
(ii)any pig or thing (including a vehicle or trailer) to be moved from premises to other specified premises;
(iii)the undertaking of surveillance for the presence of vectors;
(iv)the implementation of such insect control measures as the inspector considers practical and necessary;
(v)a pig to be retained for use as a sentinel pig or a sentinel pig to be introduced onto those premises.
(8) Where an inspector has entered any premises, vehicle, vessel or trailer and it is not reasonably practicable to determine whether any documents or records found on those premises appertain to these Regulations, the inspector may seize them to ascertain whether or not they are relevant.
(9) The inspector may—
(a)take any necessary equipment or vehicle on to the premises;
[F1(b)be accompanied by such other persons as the inspector considers necessary.]
(10) Any power or obligation to take a sample and test it includes a power to—
(a)re-test any sample; and
(b)take further samples from pigs, carcases or from the environment for testing.
Textual Amendments
F1Reg. 34(9)(b) substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 21(5); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1Reg. 34 in force at 14.8.2014, see reg. 1(1)(c)