The Rural Development Programmes (Wales) Regulations 2006 (revoked)

Powers of an authorised person E+W

7.—(1) An authorised person may, at all reasonable times and on production, if so required, of his or her authority to do so, enter upon any land other than land which is used solely for the purpose of a dwelling—

(a) to which an approved operation relates, or

(b) on which he or she has reasonable grounds to believe that documents relating to an approved operation are retained,

for any of the purposes mentioned in paragraph (2).

(2) Those purposes are—

(a) inspecting the land to which the approved operation relates;

(b) verifying the accuracy of any information provided by a beneficiary relating to the operation;

(c) ascertaining whether any financial assistance is payable or recoverable or the amount of such financial assistance that is payable or recoverable;

(d) ascertaining whether an offence under these Regulations has been or is being committed; and

(e) otherwise ascertaining whether Community assistance is being efficiently and correctly used.

[F1 (f) providing a control report in accordance with Article 13 of Commission Regulation 1975/2006; and

(g) determining whether there has been a non-compliance.]

(3) An authorised person who has entered any land by virtue of this regulation may—

(a) inspect the land and any document, record or equipment thereon which that person reasonably believes relates to the operation;

(b) require the beneficiary, or any employee, servant or agent of the beneficiary, to produce any document, record or supply any additional information in that person's possession or under his or her control relating to the operation;

(c) where any document, record or information referred to in sub-paragraph (b) is kept by means of a computer, have access to and inspect any computer and any associated apparatus or material which is or has been used in connection with that document, record or information;

(d) require that copies of, or extracts from any document, record or information relating to the operation be produced;

(e) remove and retain for a reasonable period any document, record or information relating to the operation which the authorised person has reason to believe may be required as evidence in proceedings under these Regulations and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away and in which it is visible and legible.

[F2 (f) if necessary for the purposes of paragraph (2)—

(i) inspect and count livestock on the land, and

(ii) require the applicant or beneficiary, or any employee, servant or agent of such beneficiary, to arrange for the collection, penning and securing of such livestock.]

(4) A beneficiary or any employee, servant or agent of a beneficiary must render all reasonable assistance to an authorised person in relation to the matters mentioned in this regulation.

(5) An authorised person entering any land by virtue of this regulation may take with him or her such other persons as he or she considers necessary and paragraphs (1), (2), (3) and (4) apply to such persons, when acting under the instructions of an authorised person, as if they were an authorised person.

(6) An authorised person is not liable in any proceedings for anything done in purported exercise of the powers conferred on the authorised person by virtue of this regulation if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.

(7) In this regulation, “the operation” means the approved operation in relation to which entry onto land has been sought pursuant to paragraph (1).

Textual Amendments

F1 Reg. 7(2)(f)(g) inserted (1.11.2007) by The Rural Development Programmes and Agricultural Subsidies and Grants Schemes (Appeals) (Wales) (Amendment) Regulations 2007 (S.I. 2007/2900), regs. 1(1), 2(4)

F2 Reg. 7(3)(f) inserted (1.11.2007) by The Rural Development Programmes and Agricultural Subsidies and Grants Schemes (Appeals) (Wales) (Amendment) Regulations 2007 (S.I. 2007/2900), regs. 1(1), 2(5)