The Animal Welfare (Livestock Exports) Enforcement Regulations 2024
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Change 1
9 Powers of entry
(1) An inspector may at any reasonable time enter and inspect any premises (other than premises used wholly or mainly as a private dwelling) if there are reasonable grounds for suspecting that— (a) an offence under section 1 of the Act or under these Regulations is being, has been, or is about to be committed on the premises; or (b) there is evidence on the premises of the commission of an offence under section 1 of the Act or these Regulations. (2) An inspector may only— (a) use reasonable force to enter premises; or (b) enter premises used wholly or mainly as a private dwelling, if a justice of the peace (in England and Wales) or sheriff (in Scotland) has issued a warrant authorising an inspector to enter, search and inspect the premises. (3) A justice of the peace or sheriff (as the case may be) may only issue such a warrant if satisfied, upon an application by an inspector, on sworn information in writing— (a) that there are reasonable grounds for suspecting that— (i) an offence under section 1 of the Act or under these Regulations is being, has been, or is about to be committed on the premises; or (ii) there is evidence on the premises of the commission of an offence under section 1 of the Act or these Regulations; and (b) any of the conditions in paragraph (4) are met. (4) The conditions are— (a) entry to the premises has been, or is likely to be, refused unless a warrant is produced, and notice of the intention to apply for a warrant has been given to the occupier; (b) asking for admission to the premises, or giving such a notice, would defeat the object of the entry; (c) entry is required urgently; or (d) the premises are unoccupied or the occupier is temporarily absent. (5) A warrant under this regulation is valid for 3 months. (6) An inspector must, if requested to do so, produce a duly authenticated document showing the inspector’s authority before entering any premises under this regulation. (7) An inspector exercising a power of entry under paragraph (1) or (2) may— (a) be accompanied by such persons as the inspector considers necessary; (b) bring onto the premises such equipment, vehicle or materials as the inspector considers necessary. (8) A person accompanying an inspector under paragraph (7)(a) may— (a) remain on the premises and from time to time re-enter the premises without an inspector; (b) bring onto the premises any equipment, vehicle or materials that person considers necessary; and (c) carry out work on the premises in a manner directed by the inspector.
9 Powers of entry
(1) An inspector may at any reasonable time enter and inspect any premises (other than premises used wholly or mainly as a private dwelling) if there are reasonable grounds for suspecting that— (a) an offence under section 1 of the Act or under these Regulations is being, has been, or is about to be committed on the premises; or (b) there is evidence on the premises of the commission of an offence under section 1 of the Act or these Regulations. (2) An inspector may only— (a) use reasonable force to enter premises; or (b) enter premises used wholly or mainly as a private dwelling, if a justice of the peace (in England and Wales) or sheriff (in Scotland) has issued a warrant authorising an inspector to enter, search and inspect the premises. (3) A justice of the peace or sheriff (as the case may be) may only issue such a warrant if satisfied, upon an application by an inspector, on sworn information in writing— (a) that there are reasonable grounds for suspecting that— (i) an offence under section 1 of the Act or under these Regulations is being, has been, or is about to be committed on the premises; or (ii) there is evidence on the premises of the commission of an offence under section 1 of the Act or these Regulations; and (b) any of the conditions in paragraph (4) are met. (4) The conditions are— (a) entry to the premises has been, or is likely to be, refused unless a warrant is produced, and notice of the intention to apply for a warrant has been given to the occupier; (b) asking for admission to the premises, or giving such a notice, would defeat the object of the entry; (c) entry is required urgently; or (d) the premises are unoccupied or the occupier is temporarily absent. (5) A warrant under this regulation is valid for 3 months. (6) An inspector must, if requested to do so, produce a duly authenticated document showing the inspector’s authority before entering any premises under this regulation. (7) An inspector exercising a power of entry under paragraph (1) or (2) may— (a) be accompanied by such persons as the inspector considers necessary; (b) bring onto the premises such equipment, vehicle or materials as the inspector considers necessary. (8) A person accompanying an inspector under paragraph (7)(a) may— (a) remain on the premises and from time to time re-enter the premises without an inspector; (b) bring onto the premises any equipment, vehicle or materials that person considers necessary; and (c) carry out work on the premises in a manner directed by the inspector.
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