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The Food Crime Officers (Complaints and Misconduct) Regulations 2025

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Change 1

What to do with it
As published

35 Inspections of FSA premises on behalf of the Director General

(1) Where— (a) the Director General requires the chief executive to allow a person nominated for the purpose by the Director General to have access to any premises occupied for the purposes of the FSA and to documents and other things on those premises; and (b) the requirement is imposed for any of the purposes mentioned in paragraph (2), the chief executive must secure that the required access is allowed to the nominated person. (2) Those purposes are— (a) the purposes of any examination by the Director General of the efficiency and effectiveness of the arrangements made by the chief executive for handling complaints or dealing with recordable conduct matters or DSI matters; (b) the purposes of any investigation by the Director General under this Part or of any investigation carried out under the Director General’s direction; (c) the purposes of any review by the Director General under regulation 81. (3) A requirement imposed under this regulation for the purposes mentioned in paragraph (2)(a) must be notified to the chief executive at least 48 hours before the time at which access is required. (4) Where— (a) a requirement imposed under this regulation for the purposes mentioned in paragraph (2)(a) requires access to any premises, document or thing to be allowed to any person; but (b) there are reasonable grounds for not allowing that person to have the required access at the time at which access is sought, the obligation to secure that the required access is allowed has effect as an obligation to secure that the access is allowed to that person at the earliest practicable time after there cease to be any such grounds as that person may specify. (5) The provisions of this regulation are in addition to, and without prejudice to— (a) the rights of entry, search and seizure that are or may be conferred on— (i) a person designated for the purposes of regulation 45; or (ii) any person who otherwise acts on behalf of the Director General, in that person’s capacity as a constable or as a person with the powers and privileges of a constable; or (b) the obligations of the chief executive under regulations 11 and 58.

Your change, as a redline

35 Inspections of FSA premises on behalf of the Director General

(1) Where— (a) the Director General requires the chief executive to allow a person nominated for the purpose by the Director General to have access to any premises occupied for the purposes of the FSA and to documents and other things on those premises; and (b) the requirement is imposed for any of the purposes mentioned in paragraph (2), the chief executive must secure that the required access is allowed to the nominated person. (2) Those purposes are— (a) the purposes of any examination by the Director General of the efficiency and effectiveness of the arrangements made by the chief executive for handling complaints or dealing with recordable conduct matters or DSI matters; (b) the purposes of any investigation by the Director General under this Part or of any investigation carried out under the Director General’s direction; (c) the purposes of any review by the Director General under regulation 81. (3) A requirement imposed under this regulation for the purposes mentioned in paragraph (2)(a) must be notified to the chief executive at least 48 hours before the time at which access is required. (4) Where— (a) a requirement imposed under this regulation for the purposes mentioned in paragraph (2)(a) requires access to any premises, document or thing to be allowed to any person; but (b) there are reasonable grounds for not allowing that person to have the required access at the time at which access is sought, the obligation to secure that the required access is allowed has effect as an obligation to secure that the access is allowed to that person at the earliest practicable time after there cease to be any such grounds as that person may specify. (5) The provisions of this regulation are in addition to, and without prejudice to— (a) the rights of entry, search and seizure that are or may be conferred on— (i) a person designated for the purposes of regulation 45; or (ii) any person who otherwise acts on behalf of the Director General, in that person’s capacity as a constable or as a person with the powers and privileges of a constable; or (b) the obligations of the chief executive under regulations 11 and 58.

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