The European Fisheries Fund (Grants) (Wales) Regulations 2009

Powers of authorised officers

12.—(1) An authorised officer may, at all reasonable times and on production, if requested to do so, of a duly authenticated document showing the authority of the officer, exercise the powers specified in this regulation for the purposes of—

(a) verifying the accuracy of any information or evidence contained in or included with an application or supplied under regulation 6;

(b) ascertaining whether and to what extent any expenditure for which financial assistance is claimed should be approved;

(c) ascertaining whether and to what extent any undertaking given by a beneficiary under regulation 8 or any relevant condition has been complied with;

(d) ascertaining whether and to what extent any amount of financial assistance is payable, or should be reduced, withheld or recovered under regulation 13;

(e) ascertaining whether an offence under regulation 16 has been or is being committed; or

(f) otherwise ascertaining, pursuant to Article 57 of Council Regulation 1198/2006, whether Community aid is being properly managed and controlled;

and such powers are exercisable for those purposes on a random, spot-check or sample basis as well as by reference to the particular circumstances or suspected circumstances of individual cases.

(2) Subject to paragraph (3), an authorised officer may enter upon any premises which are, or which such officer has reasonable cause to believe are, relevant premises.

(3) The power conferred by paragraph (2) may be exercised in relation to premises used as a dwelling house only where reasonable notice of the intended exercise of the power has been given to all residents of that dwelling house.

(4) Any authorised officer who has entered any premises in accordance with paragraph (2) may inspect—

(a) those premises;

(b) any equipment which is, or which such officer has reasonable cause to believe is, relevant equipment; and

(c) any documents on those premises which are, or which such officer has reasonable cause to believe are, relevant documents.

(5) An authorised officer entering any premises by virtue of this regulation may be accompanied by such other person as the officer considers necessary, and paragraphs (2), (4), (6) and (7) and regulation 11 apply in relation to such other person when acting under the instructions of the officer as if they were authorised officers.

(6) An authorised officer may—

(a) require any beneficiary or an employee, servant or agent of a beneficiary to produce any relevant documents and to supply such additional information in the possession of that person or under their control relating to an application or an approved operation as the officer may reasonably request;

(b) inspect any such documents and, where any such documents are kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with those documents;

(c) require that copies of, or extracts from, any relevant documents be produced; or

(d) remove and retain for a reasonable period any such relevant document which the officer has reason to believe may be required as evidence in proceedings under these Regulations or which the Welsh Ministers may be required to make available to the Commission pursuant to Article 87 of Regulation 1198/2006;

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.

(7) An authorised officer will not be liable in any proceedings for anything done in purported exercise of the powers conferred on an authorised officer by these Regulations if the court hearing such proceedings is satisfied that—

(a) the act was done in good faith;

(b) there were reasonable grounds for doing it; and

(c) it was done with reasonable skill and care.

(8) In this regulation—

• “premises” (“mangre”) includes any vessel, place, vehicle, trailer or container; and

• “relevant premises” (“mangre berthnasol”) means any premises to which an approved operation relates or in which relevant documents or relevant equipment are retained or in which an authorised officer has reasonable grounds to believe such documents or equipment may be retained.