10.—(1) Subject to paragraph (2), an authorised person may exercise any of the powers specified in this regulation for the purpose of enforcing [F1these regulations or] the European Regulations except for a purpose mentioned in regulation 21(1).
(2) The Forestry Commissioners may not authorise any person to exercise any of the powers specified in this regulation for the purpose of enforcing the Direct Payments Regulation, the Direct Payments Delegated Regulation or the Direct Payments Implementing Regulation.
(3) An authorised person, on producing, if so required, a duly authenticated document showing that person's authority, may at any reasonable hour enter any land or premises other than premises used wholly or mainly as a private dwelling.
(4) A justice of the peace may by signed warrant permit an authorised person to enter any land or premises, if necessary by reasonable force, if the justice, on sworn information in writing, is satisfied that—
(a)there are reasonable grounds for an authorised person to enter the land or premises for any purpose mentioned in paragraph (1); and
(b)one or more of the conditions in paragraph (5) is met.
(5) The conditions are that—
(a)entry to the land or premises has been refused, or is likely to be refused, and—
(i)notice of the intention to apply for a warrant has been served on the occupier, or
(ii)no such notice has been served on the occupier because serving such a notice would interfere with the purpose or effectiveness of the entry;
(b)entry is required urgently;
(c)the premises are unoccupied or the occupier is temporarily absent.
(6) A warrant is valid for three months.
[F2(7) An authorised person entering any land or premises by virtue of this regulation may be accompanied by such other persons as the authorised person considers necessary for any purpose mentioned in paragraph (1).]
(8) An authorised person who enters any unoccupied premises must leave them as effectively secured as they were before entry.
Textual Amendments
F1Words in reg. 10(1) inserted (1.1.2016) by The Common Agricultural Policy (Amendment) (No. 2) Regulations 2015 (S.I. 2015/1997), regs. 1(2), 8