PART 2U.K.Enforcement

Powers of entryE+W+S

6.—(1) An authorised officer may, on giving reasonable notice, enter any premises at any reasonable hour for the purposes of executing and enforcing these Regulations and the [F1retained] EU Regulations, including for the purposes of—

(a)[F2taking samples pursuant to] Article 8(2) of Commission Implementing Regulation (EU) No 29/2012; and

(b)carrying out the conformity checks required by Article 2a of Commission Regulation (EEC) No 2568/91.

(2) But paragraph (1) does not apply in relation to premises used wholly or mainly as a private dwelling house.

(3) The requirement in paragraph (1) to give notice does not apply—

(a)where reasonable efforts to agree an appointment have failed;

(b)where an authorised officer reasonably believes that giving notice would defeat the object of the entry; or

(c)where an authorised officer has a reasonable suspicion of a breach of these Regulations or the [F3retained] EU Regulations.

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

(5) A justice of the peace may by signed warrant permit an authorised officer to enter premises, except any premises used wholly or mainly as a private dwelling house, if necessary by reasonable force, if the justice, on sworn information in writing (or, in Scotland, by evidence on oath, or, in Northern Ireland, on a sworn complaint in writing) is satisfied—

(a)that there are reasonable grounds to enter those premises for the purpose of enforcing these Regulations or the [F4retained] EU Regulations; and

(b)that any condition in paragraph (6) is met.

(6) For the purposes of paragraph (5), the conditions are—

(a)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)asking for admission to the 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.

(7) A warrant is valid for three months.

(8) An authorised 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 authorised officer may—

(a)be accompanied by—

(i)such other persons as the authorised officer considers necessary;

F5(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)bring on to the premises such equipment as the authorised officer considers necessary.

(10) In this regulation, a reference to a justice of the peace—

(i)in Scotland includes a sheriff; and

(ii)in Northern Ireland is a reference to a lay magistrate.

(11) In this regulation “premises” includes any place and any vehicle, vessel, aircraft, hovercraft, trailer, container, tent, stall or movable structure.

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Commencement Information

I1Reg. 6 in force at 1.3.2014, see reg. 1

Powers of entryN.I.

6.—(1) An authorised officer may, on giving reasonable notice, enter any premises at any reasonable hour for the purposes of executing and enforcing these Regulations and the EU Regulations, including for the purposes of—

(a)[F2taking samples pursuant to] Article 8(2) of Commission Implementing Regulation (EU) No 29/2012; and

(b)carrying out the conformity checks required by Article 2a of Commission Regulation (EEC) No 2568/91.

(2) But paragraph (1) does not apply in relation to premises used wholly or mainly as a private dwelling house.

(3) The requirement in paragraph (1) to give notice does not apply—

(a)where reasonable efforts to agree an appointment have failed;

(b)where an authorised officer reasonably believes that giving notice would defeat the object of the entry; or

(c)where an authorised officer has a reasonable suspicion of a breach of these Regulations or the EU Regulations.

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

(5) A [F6lay magistrate] may by signed warrant permit an authorised officer to enter premises, except any premises used wholly or mainly as a private dwelling house, if necessary by reasonable force, if the [F7lay magistrate, on a sworn complaint in writing] is satisfied—

(a)that there are reasonable grounds to enter those premises for the purpose of enforcing these Regulations or the EU Regulations; and

(b)that any condition in paragraph (6) is met.

(6) For the purposes of paragraph (5), the conditions are—

(a)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)asking for admission to the 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.

(7) A warrant is valid for three months.

(8) An authorised 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 authorised officer may—

[F8(a)be accompanied by such other persons as the authorised officer considers necessary;]

(b)bring on to the premises such equipment as the authorised officer considers necessary.

F9(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) In this regulation “premises” includes any place and any vehicle, vessel, aircraft, hovercraft, trailer, container, tent, stall or movable structure.

Extent Information

E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Commencement Information

I2Reg. 6 in force at 1.3.2014, see reg. 1