Office of Public Sector Information

PART II DESIGNATION OF COMPETENT AUTHORITIES AND THE EXCHANGE OF INFORMATION AMONGST THEM

Designation of the Department as competent authority

3.  The Department is designated the competent authority for the purposes of Article 4.1 in relation to relevant legislation.

Exchange of information

4.  The competent authority designated under these Regulations may disclose information to other competent authorities in the United Kingdom and other member States for the purposes of Regulation 882/2004.

PART III AUDITS AND COMMUNITY CONTROLS

Powers of auditors

5.—(1) An auditor may exercise the powers in this regulation if he is authorised by the competent authority designated under these Regulations to carry out an audit of its activities.

(2) For the purposes of carrying out an audit, an auditor may enter premises to which an inspector has a power of entry under relevant legislation (“audit premises”) as if the auditor were an inspector meeting the criteria for gaining such entry under that relevant legislation.

(3) An auditor exercising his power of entry may bring with him any person whose assistance he reasonably requires.

(4) An auditor may request such information from any person at any audit premises as he reasonably requires for purposes of the audit, and may inspect such records as he reasonably requires for those purposes.

(5) An auditor may make or require copies of such records.

(6) When exercising the powers conferred by this regulation an auditor shall upon request produce evidence of his authorisation under these Regulations.

Community controls

6.  In so far as he does not already have powers to do so, for the purposes of facilitating audits to be carried out by Commission experts pursuant to Article 45, an inspector may enter any premises to which he has a power of entry under relevant legislation, and—

(a) bring with him any such experts; and

(b) show them such records as he inspects.

PART IV ASSISTANCE AND CO-OPERATION UNDER TITLE IV AND RECOVERY OF EXPENSES

Facilitating assistance and co-operation under Title IV

7.—(1) For the purposes of assisting a competent authority of another member State as provided for under Article 36.3, or enabling the competent authority designated under these Regulations to do so, an inspector exercising his powers under relevant legislation to enter premises or to inspect records may—

(a) bring with him authorised officers of a competent authority of another member State;

(b) show to them such records as he inspects; and

(c) make for them or require copies to be made for them of such records as he has powers to make or require under the relevant legislation.

(2) For the purposes of facilitating a visit by an inspection team sent by the Commission as provided for in Article 40.3(a), an inspector may bring with him representatives of the Commission when exercising his powers under relevant legislation to enter premises or to inspect records.

Recovery of expenses

8.—(1) Expenses charged to a feed or food business by the competent authority pursuant to Article 40.4 shall be paid by that business on the written demand of the competent authority.

(2) Expenses charged by the competent authority to an operator pursuant to Article 28 shall be paid by that operator on the written demand of the competent authority.

(3) In this regulation “competent authority” means the competent authority designated under regulation 3

PART V ENFORCEMENT AND PENALTIES

Interpretation and application of Part V

9.  In this Part—

(a) “premises” excludes any premises or part of premises used exclusively as a dwelling;

(b) “a relevant auditor” means an auditor exercising his powers under regulation 5;

Enforcement

10.  Enforcement of these Regulations shall be the responsibility of the competent authority which authorises the exercise of powers under these Regulations.

Powers of inspectors

11.—(1) An inspector may—

(a) at any reasonable hour enter premises;

(b) make any enquiries, observe any activity or process, and take photographs; and

(c) inspect any article or records of any class which appear to the inspector to be relevant for the purposes of his investigation, and may make or require copies of such records or remove such records as he reasonably requires.

(2) An inspector shall—

(a) produce evidence of his authorisation when requested to do so;

(b) as soon as he reasonably can, provide to the person appearing to him to be responsible for records he removes under paragraph (1)(c) a written receipt identifying those records; and

(c) as soon as he reasonably can after deciding that they are no longer required, return such records, apart from those used as evidence in court proceedings.

Offences and penalties

12.—(1) A person is guilty of an offence if without reasonable excuse he obstructs, causes or permits to be obstructed—

(a) a relevant auditor;

(b) an inspector;

(c) any person who accompanies a relevant auditor under regulation 5(3) or an inspector under regulation 6 or 7.

(2) For the purposes of paragraph (1), to obstruct includes—

(a) failure to—

(i) produce records;

(ii) provide copies; or

(iii) provide reasonable facilities for copying records,

as required under these Regulations; and—

(b) failure by any person to provide information in his possession when requested to do so by a relevant auditor or an inspector.

(3) A person is guilty of an offence if without reasonable excuse he supplies to a relevant auditor or an inspector information which, in any material particular, is false or misleading.

(4) A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months, or to both.

Time limits for prosecution

13.  A prosecution for an offence under this Part may begin no later than after the expiry of—

(a) three years from the commission of the offence; or

(b) one year from its discovery by the prosecutor,

whichever is the earlier.

Amendment to the 2006 Regulations

14.—(1) The 2006 Regulations are amended in accordance with this regulation.

(2) In regulation 2(1), in the paragraph defining Community legislation, after “Directive 2004/41”, add “Regulation 999/2001”.

(3) In Schedule 1, after the definition of “Directive 2004/41”, insert—

““Regulation 999/2001” means Regulation (EC) 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies(14) as defined (as “the Community TSE Regulation”)in The Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2006(15)and as amended by Commission Regulation (EC) 1041/2006 amending Annex III to Regulation (EC) No. 999/2001 of the European Parliament and of the Council as regards monitoring of transmissible spongiform encephalopathies in ovine animals(16);”.

(4) In paragraph (a) of Schedule 3—

(a) after sub-paragraph (vi) delete “and”;

(b) at the end of paragraph (vii) add—

“; and

(viii) the matters regulated under Schedule 2 to The Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2006 in so far as that Schedule applies in relation to animals slaughtered for human consumption together with the matters covered under point 2 of Part II of Chapter A of Annex III to Regulation 999/2001 in so far as that point applies in relation to animals slaughtered for human consumption.”.