The Rural Development Programmes (Wales) Regulations 2014

Powers of an authorised person E+W

8.—(1) An authorised person who has entered any premises by virtue of regulation 7 may—

(a) inspect the premises 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;

(f) if necessary for the purposes of regulation 7(2)—

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

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

(2) 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.

(3) Paragraph (1) and (4) apply in relation to a person referred to in regulation 7(7) when such person is acting under the instruction of an authorised person, as if such person were an authorised person.

(4) 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 regulations 7 and 8 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.

(5) In this regulation, “the operation” (“y gweithrediad”) means the approved operation in relation to which entry onto premises has been sought pursuant to regulation 7.

Commencement Information

I1 Reg. 8 in force at 1.1.2015, see reg. 1(2)