The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019

Powers of entry U.K.

13.—(1) An enforcement officer may enter any premises (except any premises used wholly or mainly as a private dwelling) during normal working hours without prior notice, if the officer believes that it is necessary for the purpose of official controls or other official activities under these Regulations or the EU Official Controls Regulations.

(2) In circumstances where an enforcement officer is carrying out routine verification checks, notice must be provided before exercising a power of entry to premises during normal working hours.

(3) The requirement to give notice in paragraph (2) does not apply—

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

(b) where the enforcement officer reasonably believes that giving notice would defeat the object of the entry, including any situation in which notice is not required under Article 9(4); or

(c) where the enforcement officer has a reasonable suspicion that any provision of these Regulations or the EU Official Controls Regulations has been contravened.

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

(5) A justice of the peace, lay magistrate, sherriff or summary sherriff (as appropriate) may sign a warrant (or in Northern Ireland, a sworn complaint) to permit an enforcement officer to enter any premises, including a dwelling-house, if necessary by reasonable force, if the person to whom the application for a warrant is made is satisfied on sworn information in writing—

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

(b) that one or more of the conditions in paragraph (6) are met.

(6) The conditions are—

(a) that 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) that asking for admission to the premises, or giving such a notice, would defeat the object of the entry;

(c) that entry is required urgently;

(d) that the premises are unoccupied or the occupier is temporarily absent.

(7) A warrant is valid for 30 days from the date of signature.

(8) An enforcement 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 enforcement officer may—

(a) be accompanied by such other persons, up to a maximum of three, as the enforcement officer considers necessary;

(b) bring onto the premises such equipment as the enforcement officer considers necessary.

Commencement Information

I1 Reg. 13 in force at 14.12.2019, see reg. 1(1)