The Animal By-Products (Wales) Regulations 2003

Powers of entry

45.—(1) An inspector, on producing, if so required, some duly authenticated document showing the authority of the inspector, may enter at all reasonable hours any premises (excluding any premises used only as a dwelling) for the purpose of administering and enforcing these Regulations and the Community Regulation.

(2) An inspector may —

(a) seize any animal by-products and dispose of them as necessary;

(b) carry out any inquiries, examinations and tests;

(c) take any samples;

(d) have access to, and inspect and copy any records (in whatever form they are held) kept under these Regulations or the Community Regulation, or remove such records to enable them to be copied;

(e) have access to, inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford the inspector such assistance as the inspector may reasonably require and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away;

(f) mark any animal, animal by-product or other thing for identification purposes; and

(g) take with him or her —

(i) such other persons as the inspector considers necessary;

(ii) any representative of the European Commission acting for the purpose of the Community Regulation.

(3) Any person who defaces, obliterates or removes any mark applied under paragraph (2) will be guilty of an offence.

(4) If a justice of the peace, on sworn information in writing, is satisfied that there is a reasonable ground for an inspector to enter any premises (excluding premises used only as a dwelling) for any purpose mentioned in this regulation and either —

(a) admission to the premises has been refused, or a refusal is expected, and that notice of the intention to apply for a warrant has been given to the occupier; or

(b) an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier is absent,

the justice of the peace may issue a warrant authorising an inspector to enter the premises for that purpose if need be by reasonable force.

(5) Every warrant issued under this regulation will continue in force for a period of one month.

(6) An inspector entering any premises by virtue of this regulation, or of a warrant issued under it may be accompanied by —

(a) such other persons as the inspector considers necessary; and

(b) any representative of the European Commission acting for the purpose of the Community Regulation.

(7) If an inspector enters any unoccupied premises the inspector shall leave them as effectively secured against unauthorised entry as the inspector found them.

(8) In this regulation “premises” includes any vehicle or container.