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The Welfare of Animals at the Time of Killing (England) Regulations 2015
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- UK Statutory Instruments
- 2015 No. 1782
- PART 6
- Regulation 37
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Power to inspect and seizeE+W
This section has no associated Explanatory Memorandum
37.—(1) An inspector who has entered premises for the purposes of executing and enforcing the EU Regulation or these Regulations may for those purposes—
(a)carry out any examination, investigation or test;
(b)make any enquiries, observe any operation or process, and take recordings or photographs;
(c)inspect and search the premises;
(d)take samples (and send them for laboratory testing) from any animal, carcase or part of a carcase;
(e)seize and detain any carcase or part of a carcase for further examining, investigating or testing;
(f)seize and detain any equipment or instrument for further examining, investigating or testing;
(g)have access to, inspect and check the data on, and operation of, any computer and any associated equipment;
(h)seize any computers and associated equipment for the purpose of copying data, but only if the inspector has a reasonable suspicion that an offence under these Regulations has been committed, and provided that they are returned as soon as practicable;
(i)require the production of any document or record and inspect and take a copy of or extract from such document or record; and
(j)require any person to provide such assistance, information, facilities or equipment as is reasonable.
(2) An inspector must—
(a)as soon as reasonably practicable, provide to the person appearing to be responsible for any items that the inspector seizes under paragraph (1) a written receipt identifying those items; and
(b)as soon as is reasonably practicable after deciding that those items are no longer required, return them, apart from those to be used as evidence in court proceedings.
(3) Where an inspector has seized items under paragraph (1) for use in evidence in court proceedings and—
(a)it is subsequently decided—
(i)that no court proceedings are to be brought; or
(ii)that those items are no longer needed as evidence in court proceedings; or
(b)the court proceedings are completed and no order in relation to those items has been made by the court,
an inspector must return the items as soon as is reasonably practicable.
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