S.I. No. 337/2019 - European Union (Animal Health) (Adaptation And Miscellaneous Amendments) Regulations 2019

• “(3) An authorised officer may require a person to give information or produce for inspection any record regarding the ownership and identity of an animal, ownership of a vehicle, vessel, aircraft, container, equipment, machinery or other thing relating to an animal as is in the person’s knowledge or procurement.

• (4) Where an authorised officer has reasonable grounds for believing that—

  • (a) there is a risk of disease (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016),

  • (b) a disease or disease agent (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016) is or may be present on any land or premises,

  • (c) an offence is being or has been committed under these Regulations, or

  • (d) evidence of a disease or a disease agent to which subparagraph (a) or (b) relates, or an offence to which subparagraph (c) relates may be, is or has been on any land or premises, or in a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery,

  the officer may, in addition to the powers exercisable by him or her under paragraph (1):

  - (i) search the land or premises;
  
  - (ii) search the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery;
  
  - (iii) require a person in charge or control of the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery to—
  
      - (I) refrain from moving it, or move it to a location where it may be searched, and
  
      - (II) give information regarding its place of departure, journey or destination;
  
  - (iv) take, without making a payment, samples from an animal, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to an animal, as he or she may reasonably require and carry out or cause to be carried out on the sample such tests, analyses, examinations or inspections as he or she considers necessary or expedient and mark or otherwise identify it;
  
  - (v) seize and detain an animal and mark or otherwise identify it;
  
  - (vi) detain the vehicle, vessel, aircraft, railway wagon, equipment, machinery or container for such reasonable period necessary for the purposes of permitting an inspection or a search under this Regulation either at the place where it was first detained or require it to be moved to such other location as the authorised officer requires;
  
  - (vii) remove any equipment or machinery or books, documents or records and detain them for such reasonable period necessary for the purpose of his or her functions under these Regulations.
  

• (5) For the purposes of his or her functions under these Regulations, an authorised officer may require a person in possession or control of an animal in a public place to permit the animal to be examined by the officer or a veterinary practitioner.

• (6) An authorised officer, when exercising a power under these Regulations, may be accompanied by other persons and may take with him or her, or those persons may take with them, any equipment or materials to assist the officer in the exercise of the power.

• (7) An authorised officer may use reasonable force, if necessary, to enter land or premises to exercise his or her powers under these Regulations.

• (8) Where, in the course of exercising a power under these Regulations, an authorised officer finds or comes into possession of anything that the officer has reasonable grounds for believing to be evidence of an offence or suspected offence under these Regulations, the officer may seize and retain it for use in evidence in proceedings for an offence under these Regulations.

• (9) Nothing in section 17 of the Industrial and Provident Societies Act 1893 prevents an authorised officer from exercising a power conferred on him or her by these Regulations.”.

16.

• “(1) If a judge of the District Court is satisfied by information on oath of an authorised officer that there are reasonable grounds for suspecting—

  • (a) evidence of or relating to the commission of or intended commission of an offence under these Regulations or the EC Regulations is to be found on the premises,

  • (b) there is or was poultry, eggs or other material or other thing used in connection with poultry or eggs on the premises,

  • (c) a document or other record related to a thing to which subparagraph (a) refers is or may be on the premises,

  the judge may issue a search warrant.

• (2) A search warrant under this Regulation shall be expressed and operate to authorise a named authorised officer, accompanied by such authorised officers or other persons as the named authorised officer thinks necessary, at any time within one month from the date of issue of the warrant, on production, if so requested, of the warrant, to enter (if necessary by use of reasonable force) the premises or place named in the warrant.”.

17.

• (a) for paragraph (1) (as repealed by the European Union (Animal Health) (Adaptation) Regulations 2014) the following:

• “(1) For the purposes of these Regulations or the Commission Decision, an authorised officer may—

  • (a) enter and inspect, at all reasonable times, any land or premises where he or she has reasonable grounds for believing that—

    • (i) a pet bird is, may be or has been present,

    • (ii) a record relating to a pet bird is, may be or has been present, or

    • (iii) equipment, machinery or other thing used in connection with a pet bird is, may be or has been present,

  • (b) examine a pet bird, equipment, machinery or other thing,

  • (c) require the name and address of the person in possession or control of a pet bird, equipment, machinery or other thing,

  • (d) inspect a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment, machinery or other thing used in connection with a pet bird and require a person in charge or control of such to refrain from moving it,

  • (e) require the owner, occupier or person in charge of land or premises or a pet bird or a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery to produce to the officer such records (and in the case of a record stored in non-legible form, produce to him or her a copy in a legible form) that are in the person’s possession or procurement, or under the person’s control, as the officer may reasonably require,

  • (f) inspect and take copies of any record (including a legible reproduction of one stored in non-legible form) or extracts from the record that the officer finds or is produced to him or her during an inspection, or

  • (g) set equipment to capture or restrain a pet bird.”, and

• (b) after paragraph (2) the following:

• “(3) An authorised officer may require a person to give information or produce for inspection any record regarding the ownership and identity of a pet bird, ownership of a vehicle, vessel, aircraft, container, equipment, machinery or other thing relating to a pet bird as is in the person’s knowledge or procurement.

• (4) Where an authorised officer has reasonable grounds for believing that—

  • (a) there is a risk of disease (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016),

  • (b) a disease or disease agent (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016) is or may be present on any land or premises,

  • (c) an offence is being or has been committed under these Regulations, or

  • (d) evidence of a disease or a disease agent to which subparagraph (a) or (b) relates, or an offence to which subparagraph (c) relates may be, is or has been on any land or premises, or in a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery,

  the officer may, in addition to the powers exercisable by him or her under paragraph (1):

  - (i) search the land or premises;
  
  - (ii) search the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery;
  
  - (iii) require a person in charge or control of the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery to—
  
      - (I) refrain from moving it, or move it to a location where it may be searched, and
  
      - (II) give information regarding its place of departure, journey or destination;
  
  - (iv) take, without making a payment, samples from a pet bird, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to a pet bird, as he or she may reasonably require and carry out or cause to be carried out on the sample such tests, analyses, examinations or inspections as he or she considers necessary or expedient and mark or otherwise identify it;
  
  - (v) seize and detain a pet bird and mark or otherwise identify it;
  
  - (vi) detain the vehicle, vessel, aircraft, railway wagon, equipment, machinery or container for such reasonable period necessary for the purposes of permitting an inspection or a search under this Regulation either at the place where it was first detained or require it to be moved to such other location as the authorised officer requires;
  
  - (vii) remove any equipment or machinery or books, documents or records and detain them for such reasonable period necessary for the purpose of his or her functions under these Regulations.
  

• (5) For the purposes of his or her functions under these Regulations, an authorised officer may require a person in possession or control of a bird in a public place to permit the animal to be examined by the officer or a veterinary practitioner.

• (6) An authorised officer, when exercising a power under these Regulations, may be accompanied by other persons and may take with him or her, or those persons may take with them, any equipment or materials to assist the officer in the exercise of the power.

• (7) An authorised officer may use reasonable force, if necessary, to enter land or premises to exercise his or her powers under these Regulations.

• (8) Where, in the course of exercising a power under these Regulations, an authorised officer finds or comes into possession of anything that the officer has reasonable grounds for believing to be evidence of an offence or suspected offence under these Regulations, the officer may seize and retain it for use in evidence in proceedings for an offence under these Regulations.

• (9) Nothing in section 17 of the Industrial and Provident Societies Act 1893 prevents an authorised officer from exercising a power conferred on him or her by these Regulations.”.

18.

“Powers of authorised officer

1. (1) For the purposes of these Regulations or the Council Directive, an authorised officer may—

2. (a) enter and inspect, at all reasonable times, any land or premises where he or she has reasonable grounds for believing that—

   • (i) an animal or ear-tag is, may be or has been present,

   • (ii) a record relating to an animal or ear-tag is, may be or has been present, or

   • (iii) equipment, machinery or other thing used in connection with an animal or ear-tag is, may be or has been present,

3. (b) examine an animal, ear-tag, equipment, machinery or other thing,

4. (c) require the name and address of the person in possession or control of an animal, ear-tag, equipment, machinery or other thing,

5. (d) inspect a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment, machinery or other thing used in connection with an animal or ear-tag and require a person in charge or control of such to refrain from moving it,

6. (e) require the owner, occupier or person in charge of land or premises or an animal or ear-tag or a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery to produce to the officer such records (and in the case of a record stored in non-legible form, produce to him or her a copy in a legible form) that are in the person’s possession or procurement, or under the person’s control, as the officer may reasonably require,

7. (f) inspect and take copies of any record (including a legible reproduction of one stored in non-legible form) or extracts from the record that the officer finds or is produced to him or her during an inspection,

8. (g) set equipment to capture or restrain an animal, or

9. (h) carry out surveys or programmes relating to animal welfare, animal health or disease surveillance.

10. (2) For the purposes of his or her functions under these Regulations, an authorised officer may require a person in possession or control of an animal in a public place to permit the animal to be examined by the officer or a veterinary practitioner.

11. (3) An authorised officer may require a person to give information or produce for inspection any record regarding the ownership and identity of an animal or ear-tag, ownership of a vehicle, vessel, aircraft, container, equipment, machinery or other thing relating to an animal as is in the person’s knowledge or procurement.

12. (4) Where an authorised officer has reasonable grounds for believing that—

    • (a) there is a risk of disease (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016),

    • (b) a disease or disease agent (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016) is or may be present on any land or premises,

    • (c) an offence is being or has been committed under these Regulations, or

    • (d) evidence of a disease or a disease agent to which subparagraph (a) or (b) relates, or an offence to which subparagraph (c) relates may be, is or has been on any land or premises, or in a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery,

    the officer may, in addition to the powers exercisable by him or her under paragraph (1):

    - (i) search the land or premises;
    
    - (ii) search the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery;
    
    - (iii) require a person in charge or control of the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery to—
    
        - (I) refrain from moving it, or move it to a location where it may be searched, and
    
        - (II) give information regarding its place of departure, journey or destination;
    
    - (iv) take, without making a payment, samples from an animal, ear-tag, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to an animal, as he or she may reasonably require and carry out or cause to be carried out on the sample such tests, analyses, examinations or inspections as he or she considers necessary or expedient and mark or otherwise identify it;
    
    - (v) seize and detain an animal or ear-tag and mark or otherwise identify it;
    
    - (vi) detain the vehicle, vessel, aircraft, railway wagon, equipment, machinery or container for such reasonable period necessary for the purposes of permitting an inspection or a search under this Regulation either at the place where it was first detained or require it to be moved to such other location as the authorised officer requires;
    
    - (vii) remove any equipment or machinery or books, documents or records and detain them for such reasonable period necessary for the purpose of his or her functions under these Regulations.
    

13. (5) An authorised officer shall not enter, except with the consent of the occupier, a private dwelling unless he or she has obtained a search warrant under Regulation 10A other than where he or she has reasonable grounds for believing that before a search warrant could be sought in relation to the dwelling under Regulation 10A, any evidence of an offence referred to in paragraph (4)(c) is being or is likely to be disposed of or destroyed.

14. (6) An authorised officer, when exercising a power under these Regulations, may be accompanied by other persons and may take with him or her, or those persons may take with them, any equipment or materials to assist the officer in the exercise of the power.

15. (7) An authorised officer may use reasonable force, if necessary, to enter land or premises to exercise his or her powers under these Regulations.

16. (8) Where, in the course of exercising a power under these Regulations, an authorised officer finds or comes into possession of anything that the officer has reasonable grounds for believing to be evidence of an offence or suspected offence under these Regulations, the officer may seize and retain it for use in evidence in proceedings for an offence under these Regulations.

17. (9) Nothing in section 17 of the Industrial and Provident Societies Act 1893 prevents an authorised officer from exercising a power conferred on him or her by these Regulations.

10A Search warrant

10A.—(1) If a judge of the District Court is satisfied by information on oath of an authorised officer that there are reasonable grounds for believing that—

- (*a*) evidence of or relating to the commission or intended commission of an offence under these Regulations relating to an animal or ear-tag is to be found on land or premises,

- (*b*) there is or was an animal or ear-tag, machinery, equipment or other thing made, used or adapted for use (including manufacture and transport) in connection with an animal or ear-tag on land or premises,

- (*c*) a record related to a thing to which subparagraph (a) or (b) refers is or may be on the land or premises,

  then the judge may issue a search warrant.

• (2) A search warrant under this Regulation shall be expressed and operate to authorise a named authorised officer, accompanied by such authorised officers or other persons as the named authorised officer thinks necessary, at any time, within one month from the date of issue of the warrant, on production, if so requested, of the warrant, to enter the land or premises named in the warrant and to exercise all or any of the functions conferred on an authorised officer under these Regulations.”.

19.

“Functions of authorised officer

1. (1) For the purposes of these Regulations or the Commission Regulation, an authorised officer may—

2. (a) enter and inspect, at all reasonable times, any land or premises where he or she has reasonable grounds for believing that—

   • (i) an animal to which the Commission Regulation applies is, may be or has been present,

   • (ii) a record relating to an animal to which the Commission Regulation applies is, may be or has been present, or

   • (iii) equipment, machinery or other thing used in connection with an animal to which the Commission Regulation applies is, may be or has been present,

3. (b) examine an animal to which the Commission Regulation applies, equipment, machinery or other thing,

4. (c) require the name and address of the person in possession or control of an animal to which the Commission Regulation applies, equipment, machinery or other thing,

5. (d) inspect a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment, machinery or other thing used in connection with an animal to which the Commission Regulation applies and require a person in charge or control of such to refrain from moving it,

6. (e) require the owner, occupier or person in charge of land or premises or an animal to which the Commission Regulation applies or a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery to produce to the officer such records (and in the case of a record stored in non-legible form, produce to him or her a copy in a legible form) that are in the person’s possession or procurement, or under the person’s control, as the officer may reasonably require,

7. (f) inspect and take copies of any record (including a legible reproduction of one stored in non-legible form) or extracts from the record that the officer finds or is produced to him or her during an inspection,

8. (g) set equipment to capture or restrain an animal to which the Commission Regulation applies, or

9. (h) carry out surveys or programmes relating to animal welfare, animal health or disease surveillance.

10. (2) For the purposes of his or her functions under these Regulations, an authorised officer may require a person in possession or control of an animal to which the Commission Regulation applies in a public place to permit the animal to be examined by the officer or a veterinary practitioner.

11. (3) An authorised officer may require a person to give information or produce for inspection any record regarding the ownership and identity of an animal to which the Commission Regulation applies, ownership of a vehicle, vessel, aircraft, container, equipment, machinery or other thing relating to an animal to which the Commission Regulation applies as is in the person’s knowledge or procurement.

12. (4) Where an authorised officer has reasonable grounds for believing that—

    • (a) there is a risk of disease (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016),

    • (b) a disease or disease agent (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016) is or may be present on any land or premises,

    • (c) an offence is being or has been committed under these Regulations, or

    • (d) evidence of a disease or a disease agent to which subparagraph (a) or (b) relates, or an offence to which subparagraph (c) relates may be, is or has been on any land or premises, or in a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery,

    the officer may, in addition to the powers exercisable by him or her under paragraph (1):

    - (i) search the land or premises;
    
    - (ii) search the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery;
    
    - (iii) require a person in charge or control of the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery to—
    
        - (I) refrain from moving it, or move it to a location where it may be searched, and
    
        - (II) give information regarding its place of departure, journey or destination;
    
    - (iv) take, without making a payment, samples from an animal to which the Commission Regulation applies, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to an animal to which the Commission Regulation applies, as he or she may reasonably require and carry out or cause to be carried out on the sample such tests, analyses, examinations or inspections as he or she considers necessary or expedient and mark or otherwise identify it;
    
    - (v) seize and detain an animal to which the Commission Regulation applies and mark or otherwise identify it;
    
    - (vi) detain the vehicle, vessel, aircraft, railway wagon, equipment, machinery or container for such reasonable period necessary for the purposes of permitting an inspection or a search under this Regulation either at the place where it was first detained or require it to be moved to such other location as the authorised officer requires;
    
    - (vii) remove any equipment or machinery or books, documents or records and detain them for such reasonable period necessary for the purpose of his or her functions under these Regulations.
    

13. (5) An authorised officer shall not enter, except with the consent of the occupier, a private dwelling unless he or she has obtained a search warrant under Regulation 7 other than where he or she has reasonable grounds for believing that before a search warrant could be sought in relation to the dwelling under Regulation 7, any evidence of an offence referred to in paragraph (4)(c) is being or is likely to be disposed of or destroyed.

14. (6) An authorised officer, when exercising a power under these Regulations, may be accompanied by other persons and may take with him or her, or those persons may take with them, any equipment or materials to assist the officer in the exercise of the power.

15. (7) An authorised officer may use reasonable force, if necessary, to enter land or premises to exercise his or her powers under these Regulations.

16. (8) Where, in the course of exercising a power under these Regulations, an authorised officer finds or comes into possession of anything that the officer has reasonable grounds for believing to be evidence of an offence or suspected offence under these Regulations, the officer may seize and retain it for use in evidence in proceedings for an offence under these Regulations.

17. (9) Nothing in section 17 of the Industrial and Provident Societies Act 1893 prevents an authorised officer from exercising a power conferred on him or her by these Regulations.

18. (10) If a member of the Garda Síochána has reasonable cause to suspect that a person has committed an offence under these Regulations, the member may without warrant arrest the person.”.

20.

“Functions of authorised officer

1. (1) For the purposes of these Regulations or the Commission Decision, an authorised officer may—

2. (a) enter and inspect, at all reasonable times, any land or premises where he or she has reasonable grounds for believing that—

   • (i) poultry or another bird, carcass or the product or by-product of poultry or other bird is, may be or has been present,

   • (ii) a record relating to poultry or another bird, carcass or the product or by-product of poultry or other bird is, may be or has been present, or

   • (iii) equipment, machinery or other thing used in connection with poultry or another bird, carcass or the product or by-product of poultry or other bird is, may be or has been present,

3. (b) examine poultry or another bird, carcass or the product or by-product of poultry or other bird, equipment, machinery or other thing,

4. (c) require the name and address of the person in possession or control of poultry or another bird, carcass or the product or by-product of poultry or other bird, equipment, machinery or other thing,

5. (d) inspect a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment, machinery or other thing used in connection with poultry or another bird, carcass or the product or by-product of poultry or other bird and require a person in charge or control of such to refrain from moving it,

6. (e) require the owner, occupier or person in charge of land or premises or poultry or another bird, carcass or the product or by-product of poultry or other bird or a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery to produce to the officer such records (and in the case of a record stored in non-legible form, produce to him or her a copy in a legible form) that are in the person’s possession or procurement, or under the person’s control, as the officer may reasonably require,

7. (f) inspect and take copies of any record (including a legible reproduction of one stored in non-legible form) or extracts from the record that the officer finds or is produced to him or her during an inspection,

8. (g) set equipment to capture or restrain poultry or another bird, carcass or the product or by-product of poultry or other bird, or

9. (h) carry out surveys or programmes relating to animal welfare, animal health or disease surveillance.

10. (2) For the purposes of his or her functions under these Regulations, an authorised officer may require a person in possession or control of poultry or another bird, carcass or the product or by-product of poultry or other bird in a public place to permit the animal to be examined by the officer or a veterinary practitioner.

11. (3) An authorised officer may require a person to give information or produce for inspection any record regarding the ownership and identity of poultry or another bird, carcass or the product or by-product of poultry or other bird, ownership of a vehicle, vessel, aircraft, container, equipment, machinery or other thing relating to poultry or another bird, carcass or the product or by-product of poultry or other bird as is in the person’s knowledge or procurement.

12. (4) Where an authorised officer has reasonable grounds for believing that—

    • (a) there is a risk of disease (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016),

    • (b) a disease or disease agent (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016) is or may be present on any land or premises,

    • (c) an offence is being or has been committed under these Regulations, or

    • (d) evidence of a disease or a disease agent to which subparagraph (a) or (b) relates, or an offence to which subparagraph (c) relates may be, is or has been on any land or premises, or in a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery,

    the officer may, in addition to the powers exercisable by him or her under paragraph (1):

    - (i) search the land or premises;
    
    - (ii) search the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery;
    
    - (iii) require a person in charge or control of the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery to—
    
        - (I) refrain from moving it, or move it to a location where it may be searched, and
    
        - (II) give information regarding its place of departure, journey or destination;
    
    - (iv) take, without making a payment, samples from poultry or another bird, carcass or the product or by-product of poultry or other bird, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to poultry or another bird, carcass or the product or by-product of poultry or other bird, as he or she may reasonably require and carry out or cause to be carried out on the sample such tests, analyses, examinations or inspections as he or she considers necessary or expedient and mark or otherwise identify it;
    
    - (v) seize and detain poultry or another bird, carcass or the product or by-product of poultry or other bird and mark or otherwise identify it;
    
    - (vi) detain the vehicle, vessel, aircraft, railway wagon, equipment, machinery or container for such reasonable period necessary for the purposes of permitting an inspection or a search under this Regulation either at the place where it was first detained or require it to be moved to such other location as the authorised officer requires;
    
    - (vii) remove any equipment or machinery or books, documents or records and detain them for such reasonable period necessary for the purpose of his or her functions under these Regulations.
    

13. (5) An authorised officer shall not enter, except with the consent of the occupier, a private dwelling unless he or she has obtained a search warrant under Regulation 6 other than where he or she has reasonable grounds for believing that before a search warrant could be sought in relation to the dwelling under Regulation 6, any evidence of an offence referred to in paragraph (4)(c) is being or is likely to be disposed of or destroyed.

14. (6) An authorised officer, when exercising a power under these Regulations, may be accompanied by other persons and may take with him or her, or those persons may take with them, any equipment or materials to assist the officer in the exercise of the power.

15. (7) An authorised officer may use reasonable force, if necessary, to enter land or premises to exercise his or her powers under these Regulations.

16. (8) Where, in the course of exercising a power under these Regulations, an authorised officer finds or comes into possession of anything that the officer has reasonable grounds for believing to be evidence of an offence or suspected offence under these Regulations, the officer may seize and retain it for use in evidence in proceedings for an offence under these Regulations.

17. (9) Nothing in section 17 of the Industrial and Provident Societies Act 1893 prevents an authorised officer from exercising a power conferred on him or her by these Regulations.”.

21.

“Powers of authorised officer

1. (1) For the purposes of these Regulations or the Council Directive, an authorised officer may—

2. (a) enter and inspect, at all reasonable times, any land or premises where he or she has reasonable grounds for believing that—

   • (i) an animal or ear-tag is, may be or has been present,

   • (ii) a record relating to an animal or ear-tag is, may be or has been present, or

   • (iii) equipment, machinery or other thing used in connection with an animal or ear-tag is, may be or has been present,

3. (b) examine an animal or ear-tag, equipment, machinery or other thing,

4. (c) require the name and address of the person in possession or control of an animal or ear-tag, equipment, machinery or other thing,

5. (d) inspect a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment, machinery or other thing used in connection with an animal or ear-tag and require a person in charge or control of such to refrain from moving it,

6. (e) require the owner, occupier or person in charge of land or premises or an animal or ear-tag or a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery to produce to the officer such records (and in the case of a record stored in non-legible form, produce to him or her a copy in a legible form) that are in the person’s possession or procurement, or under the person’s control, as the officer may reasonably require,

7. (f) inspect and take copies of any record (including a legible reproduction of one stored in non-legible form) or extracts from the record that the officer finds or is produced to him or her during an inspection,

8. (g) set equipment to capture or restrain an animal, or

9. (h) carry out surveys or programmes relating to animal welfare, animal health or disease surveillance.

10. (2) For the purposes of his or her functions under these Regulations, an authorised officer may require a person in possession or control of an animal in a public place to permit the animal to be examined by the officer or a veterinary practitioner.

11. (3) An authorised officer may require a person to give information or produce for inspection any record regarding the ownership and identity of an animal or ear-tag, ownership of a vehicle, vessel, aircraft, container, equipment, machinery or other thing relating to an animal or ear-tag as is in the person’s knowledge or procurement.

12. (4) Where an authorised officer has reasonable grounds for believing that—

    • (a) there is a risk of disease (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016),

    • (b) a disease or disease agent (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016) is or may be present on any land or premises,

    • (c) an offence is being or has been committed under these Regulations, or

    • (d) evidence of a disease or a disease agent to which subparagraph (a) or (b) relates, or an offence to which subparagraph (c) relates may be, is or has been on any land or premises, or in a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery,

    the officer may, in addition to the powers exercisable by him or her under paragraph (1):

    - (i) search the land or premises;
    
    - (ii) search the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery;
    
    - (iii) require a person in charge or control of the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery to—
    
        - (I) refrain from moving it, or move it to a location where it may be searched, and
    
        - (II) give information regarding its place of departure, journey or destination;
    
    - (iv) take, without making a payment, samples from an animal, ear-tag, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to an animal or ear-tag, as he or she may reasonably require and carry out or cause to be carried out on the sample such tests, analyses, examinations or inspections as he or she considers necessary or expedient and mark or otherwise identify it;
    
    - (v) seize and detain an animal or ear-tag and mark or otherwise identify it;
    
    - (vi) detain the vehicle, vessel, aircraft, railway wagon, equipment, machinery or container for such reasonable period necessary for the purposes of permitting an inspection or a search under this Regulation either at the place where it was first detained or require it to be moved to such other location as the authorised officer requires;
    
    - (vii) remove any equipment or machinery or books, documents or records and detain them for such reasonable period necessary for the purpose of his or her functions under these Regulations.
    

13. (5) An authorised officer shall not enter, except with the consent of the occupier, a private dwelling unless he or she has obtained a search warrant under Regulation 12 other than where he or she has reasonable grounds for believing that before a search warrant could be sought in relation to the dwelling under Regulation 12, any evidence of an offence referred to in paragraph (4)(c) is being or is likely to be disposed of or destroyed.

14. (6) An authorised officer, when exercising a power under these Regulations, may be accompanied by other persons and may take with him or her, or those persons may take with them, any equipment or materials to assist the officer in the exercise of the power.

15. (7) An authorised officer may use reasonable force, if necessary, to enter land or premises to exercise his or her powers under these Regulations.

16. (8) Where, in the course of exercising a power under these Regulations, an authorised officer finds or comes into possession of anything that the officer has reasonable grounds for believing to be evidence of an offence or suspected offence under these Regulations, the officer may seize and retain it for use in evidence in proceedings for an offence under these Regulations.

17. (9) Nothing in section 17 of the Industrial and Provident Societies Act 1893 prevents an authorised officer from exercising a power conferred on him or her by these Regulations.”.

22.

“Functions of authorised officers

1. (1) For the purposes of these Regulations, the Bluetongue Directive or the Bluetongue Regulation, an authorised officer may—

2. (a) enter and inspect, at all reasonable times, any land or premises where he or she has reasonable grounds for believing that—

   • (i) a ruminant, carcass or the product or by-product of a ruminant is, may be or has been present,

   • (ii) a record relating to a ruminant, carcass or the product or by-product of a ruminant is, may be or has been present, or

   • (iii) equipment, machinery or other thing used in connection with a ruminant, carcass or the product or by-product of a ruminant is, may be or has been present,

3. (b) examine a ruminant, carcass or the product or by-product of a ruminant, equipment, machinery or other thing,

4. (c) require the name and address of the person in possession or control of a ruminant, carcass or the product or by-product of a ruminant, equipment, machinery or other thing,

5. (d) inspect a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment, machinery or other thing used in connection with a ruminant, carcass or the product or by-product of a ruminant and require a person in charge or control of such to refrain from moving it,

6. (e) require the owner, occupier or person in charge of land or premises or a ruminant, carcass or the product or by-product of a ruminant or a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery to produce to the officer such records (and in the case of a record stored in non-legible form, produce to him or her a copy in a legible form) that are in the person’s possession or procurement, or under the person’s control, as the officer may reasonably require,

7. (f) inspect and take copies of any record (including a legible reproduction of one stored in non-legible form) or extracts from the record that the officer finds or is produced to him or her during an inspection,

8. (g) set equipment to capture or restrain an animal, or

9. (h) carry out surveys or programmes relating to animal welfare, animal health or disease surveillance.

10. (2) For the purposes of his or her functions under these Regulations, an authorised officer may require a person in possession or control of an animal in a public place to permit the animal to be examined by the officer or a veterinary practitioner.

11. (3) An authorised officer may require a person to give information or produce for inspection any record regarding the ownership and identity of a ruminant, carcass or the product or by-product of a ruminant, ownership of a vehicle, vessel, aircraft, container, equipment, machinery or other thing relating to a ruminant, carcass or the product or by-product of a ruminant as is in the person’s knowledge or procurement.

12. (4) Where an authorised officer has reasonable grounds for believing that—

    • (a) there is a risk of disease (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016),

    • (b) a disease or disease agent (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016) is or may be present on any land or premises,

    • (c) an offence is being or has been committed under these Regulations, or

    • (d) evidence of a disease or a disease agent to which subparagraph (a) or (b) relates, or an offence to which subparagraph (c) relates may be, is or has been on any land or premises, or in a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery,

    the officer may, in addition to the powers exercisable by him or her under paragraph (1):

    - (i) search the land or premises;
    
    - (ii) search the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery;
    
    - (iii) require a person in charge or control of the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery to—
    
        - (I) refrain from moving it, or move it to a location where it may be searched, and
    
        - (II) give information regarding its place of departure, journey or destination;
    
    - (iv) take, without making a payment, samples from a ruminant, carcass or the product or by-product of a ruminant, other animal, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to a ruminant, carcass or the product or by-product of a ruminant, as he or she may reasonably require and carry out or cause to be carried out on the sample such tests, analyses, examinations or inspections as he or she considers necessary or expedient and mark or otherwise identify it;
    
    - (v) seize and detain a ruminant, carcass or the product or by-product of a ruminant and mark or otherwise identify it;
    
    - (vi) detain the vehicle, vessel, aircraft, railway wagon, equipment, machinery or container for such reasonable period necessary for the purposes of permitting an inspection or a search under this Regulation either at the place where it was first detained or require it to be moved to such other location as the authorised officer requires;
    
    - (vii) remove any equipment or machinery or books, documents or records and detain them for such reasonable period necessary for the purpose of his or her functions under these Regulations.
    

13. (5) An authorised officer shall not enter, except with the consent of the occupier, a private dwelling unless he or she has obtained a search warrant under Regulation 18 other than where he or she has reasonable grounds for believing that before a search warrant could be sought in relation to the dwelling under Regulation 18, any evidence of an offence referred to in paragraph (4)(c) is being or is likely to be disposed of or destroyed.

14. (6) An authorised officer, when exercising a power under these Regulations, may be accompanied by other persons and may take with him or her, or those persons may take with them, any equipment or materials to assist the officer in the exercise of the power.

15. (7) An authorised officer may use reasonable force, if necessary, to enter land or premises to exercise his or her powers under these Regulations.

16. (8) Where, in the course of exercising a power under these Regulations, an authorised officer finds or comes into possession of anything that the officer has reasonable grounds for believing to be evidence of an offence or suspected offence under these Regulations, the officer may seize and retain it for use in evidence in proceedings for an offence under these Regulations.

17. (9) Nothing in section 17 of the Industrial and Provident Societies Act 1893 prevents an authorised officer from exercising a power conferred on him or her by these Regulations.”.

23.

• (a) by substituting for Regulation 11 the following:

“Appointment of authorised officers

1. (1) The Minister may appoint such and so many persons as the Minister thinks fit to be authorised officers.

2. (2) An appointment as an authorised officer ceases—

   • (a) if it is terminated by the Minister,

   • (b) if it is for a fixed period, on the expiry of that period, or

   • (c) if the person appointed ceases to be an officer of the Minister.

3. (3) Nothing in paragraph (2) is to be construed so as to prevent the Minister from reappointing as an authorised officer a person to whom that paragraph relates.

4. (4) An authorised officer appointed under this Regulation shall be furnished with a warrant of appointment as an authorised officer and when exercising any power conferred by these Regulations such officer shall, if requested by any person affected, produce the warrant to that person.”,

• (b) by substituting for Regulation 12 the following:

“Functions of authorised officers

1. (1) For the purposes of these Regulations or the EC Regulations, an authorised officer may—

2. (a) enter and inspect, at all reasonable times, any land or premises where he or she has reasonable grounds for believing that—

   • (i) a laying flock, poultry or egg is, may be or has been present,

   • (ii) a record relating to a laying flock, poultry or egg is, may be or has been present, or

   • (iii) equipment, machinery or other thing used in connection with a laying flock, poultry or egg is, may be or has been present,

3. (b) examine a laying flock, poultry or egg, equipment, machinery or other thing,

4. (c) require the name and address of the person in possession or control of a laying flock, poultry or egg, equipment, machinery or other thing,

5. (d) inspect a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment, machinery or other thing used in connection with a laying flock, poultry or egg and require a person in charge or control of such to refrain from moving it,

6. (e) require the owner, occupier or person in charge of land or premises or a laying flock, poultry or egg or a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery to produce to the officer such records (and in the case of a record stored in non-legible form, produce to him or her a copy in a legible form) that are in the person’s possession or procurement, or under the person’s control, as the officer may reasonably require,

7. (f) inspect and take copies of any record (including a legible reproduction of one stored in non-legible form) or extracts from the record that the officer finds or is produced to him or her during an inspection,

8. (g) set equipment to capture or restrain an animal, or

9. (h) carry out surveys or programmes relating to animal welfare, animal health or disease surveillance.

10. (2) For the purposes of his or her functions under these Regulations, an authorised officer may require a person in possession or control of an animal in a public place to permit the animal to be examined by the officer or a veterinary practitioner.

11. (3) An authorised officer may require a person to give information or produce for inspection any record regarding the ownership and identity of a laying flock, poultry or egg, ownership of a vehicle, vessel, aircraft, container, equipment, machinery or other thing relating to a laying flock, poultry or egg as is in the person’s knowledge or procurement.

12. (4) Where an authorised officer has reasonable grounds for believing that—

    • (a) there is a risk of disease (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016),

    • (b) a disease or disease agent (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016) is or may be present on any land or premises,

    • (c) an offence is being or has been committed under these Regulations, or

    • (d) evidence of a disease or a disease agent to which subparagraph (a) or (b) relates, or an offence to which subparagraph (c) relates may be, is or has been on any land or premises, or in a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery,

    the officer may, in addition to the powers exercisable by him or her under paragraph (1):

    - (i) search the land or premises;
    
    - (ii) search the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery;
    
    - (iii) require a person in charge or control of the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery to—
    
        - (I) refrain from moving it, or move it to a location where it may be searched, and
    
        - (II) give information regarding its place of departure, journey or destination;
    
    - (iv) take, without making a payment, samples from a laying flock, poultry or egg, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to a laying flock, poultry or egg, as he or she may reasonably require and carry out or cause to be carried out on the sample such tests, analyses, examinations or inspections as he or she considers necessary or expedient and mark or otherwise identify it;
    
    - (v) seize and detain a laying flock, poultry or egg and mark or otherwise identify it;
    
    - (vi) detain the vehicle, vessel, aircraft, railway wagon, equipment, machinery or container for such reasonable period necessary for the purposes of permitting an inspection or a search under this Regulation either at the place where it was first detained or require it to be moved to such other location as the authorised officer requires;
    
    - (vii) remove any equipment or machinery or books, documents or records and detain them for such reasonable period necessary for the purpose of his or her functions under these Regulations.
    

13. (5) An authorised officer shall not enter, except with the consent of the occupier, a private dwelling unless he or she has obtained a search warrant under Regulation 13 other than where he or she has reasonable grounds for believing that before a search warrant could be sought in relation to the dwelling under Regulation 13, any evidence of an offence referred to in paragraph (4)(c) is being or is likely to be disposed of or destroyed.

14. (6) An authorised officer, when exercising a power under these Regulations, may be accompanied by other persons and may take with him or her, or those persons may take with them, any equipment or materials to assist the officer in the exercise of the power.

15. (7) An authorised officer may use reasonable force, if necessary, to enter land or premises to exercise his or her powers under these Regulations.

16. (8) Where, in the course of exercising a power under these Regulations, an authorised officer finds or comes into possession of anything that the officer has reasonable grounds for believing to be evidence of an offence or suspected offence under these Regulations, the officer may seize and retain it for use in evidence in proceedings for an offence under these Regulations.

17. (9) Nothing in section 17 of the Industrial and Provident Societies Act 1893 prevents an authorised officer from exercising a power conferred on him or her by these Regulations.

18. (10) An authorised officer or an expert from the Commission of the European Communities may at any reasonable time inspect an approved laboratory, or a laboratory in respect of which an application for approval has been made, for the purpose of evaluating its suitability for approval.”, and

• (c) in Regulation 14(1)(i) by substituting “Regulation 12 (1)(c), (d) or (e), (2), (3), (4) (iii) or (vi),” for “Regulation 12 (1)(g), (i) or (j),”.

24.

“12. (1) The Marine Institute shall declare an area around an infected premises to be a containment zone.

• (2) The Marine Institute shall determine, having regard to the disease in question, the extent of a containment zone, which may be varied by further declaration.

• (3) A declaration under paragraph (1) shall be subject to such conditions as the Marine Institute considers necessary, ancillary or supplementary for the purpose of controlling and eradicating the disease.

• (4) A person shall comply with a declaration under this Regulation.”.

25.

“Functions of authorised officers

1. (1) For the purposes of these Regulations or the EU Regulation, an authorised officer may—

2. (a) enter and inspect, at all reasonable times, any land or premises where he or she has reasonable grounds for believing that—

   • (i) fur derived from a cat or dog or any article that consists of or contains fur derived from a cat or dog is, may be or has been present,

   • (ii) a record relating to fur derived from a cat or dog or any article that consists of or contains fur derived from a cat or dog is, may be or has been present, or

   • (iii) equipment, machinery or other thing used in connection with fur derived from a cat or dog or any article that consists of or contains fur derived from a cat or dog is, may be or has been present,

3. (b) examine fur derived from a cat or dog or any article that consists of or contains fur derived from a cat or dog, equipment, machinery or other thing,

4. (c) require the name and address of the person in possession or control of fur derived from a cat or dog or any article that consists of or contains fur derived from a cat or dog, equipment, machinery or other thing,

5. (d) inspect a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment, machinery or other thing used in connection with fur derived from a cat or dog or any article that consists of or contains fur derived from a cat or dog and require a person in charge or control of such to refrain from moving it,

6. (e) require the owner, occupier or person in charge of land or premises or fur derived from a cat or dog or any article that consists of or contains fur derived from a cat or dog or a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery to produce to the officer such records (and in the case of a record stored in non-legible form, produce to him or her a copy in a legible form) that are in the person’s possession or procurement, or under the person’s control, as the officer may reasonably require, or

7. (f) inspect and take copies of any record (including a legible reproduction of one stored in non-legible form) or extracts from the record that the officer finds or is produced to him or her during an inspection.

8. (2) An authorised officer may require a person to give information or produce for inspection any record regarding the ownership and identity of fur derived from a cat or dog or any article that consists of or contains fur derived from a cat or dog, ownership of a vehicle, vessel, aircraft, container, equipment, machinery or other thing relating to fur derived from a cat or dog or any article that consists of or contains fur derived from a cat or dog as is in the person’s knowledge or procurement.

9. (3) Where an authorised officer has reasonable grounds for believing that—

   • (a) there is a risk of disease (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016),

   • (b) a disease or disease agent (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016) is or may be present on any land or premises,

   • (c) an offence is being or has been committed under these Regulations, or

   • (d) evidence of a disease or a disease agent to which subparagraph (a) or (b) relates, or an offence to which subparagraph (c) relates may be, is or has been on any land or premises, or in a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery,

   the officer may, in addition to the powers exercisable by him or her under paragraph (1):

   - (i) search the land or premises;
   
   - (ii) search the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery;
   
   - (iii) require a person in charge or control of the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery to—
   
       - (I) refrain from moving it, or move it to a location where it may be searched, and
   
       - (II) give information regarding its place of departure, journey or destination;
   
   - (iv) take, without making a payment, samples from fur derived from a cat or dog or any article that consists of or contains fur derived from a cat or dog, other animal, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to fur derived from a cat or dog or any article that consists of or contains fur derived from a cat or dog, as he or she may reasonably require and carry out or cause to be carried out on the sample such tests, analyses, examinations or inspections as he or she considers necessary or expedient and mark or otherwise identify it;
   
   - (v) seize and detain fur derived from a cat or dog or any article that consists of or contains fur derived from a cat or dog and mark or otherwise identify it;
   
   - (vi) detain the vehicle, vessel, aircraft, railway wagon, equipment, machinery or container for such reasonable period necessary for the purposes of permitting an inspection or a search under this Regulation either at the place where it was first detained or require it to be moved to such other location as the authorised officer requires;
   
   - (vii) remove any equipment or machinery or books, documents or records and detain them for such reasonable period necessary for the purpose of his or her functions under these Regulations.
   

10. (4) An authorised officer shall not enter, except with the consent of the occupier, a private dwelling unless he or she has obtained a search warrant under Regulation 7 other than where he or she has reasonable grounds for believing that before a search warrant could be sought in relation to the dwelling under Regulation 7, any evidence of an offence referred to in paragraph (3)(c) is being or is likely to be disposed of or destroyed.

11. (5) An authorised officer, when exercising a power under these Regulations, may be accompanied by other persons and may take with him or her, or those persons may take with them, any equipment or materials to assist the officer in the exercise of the power.

12. (6) An authorised officer may use reasonable force, if necessary, to enter land or premises to exercise his or her powers under these Regulations.

13. (7) Where, in the course of exercising a power under these Regulations, an authorised officer finds or comes into possession of anything that the officer has reasonable grounds for believing to be evidence of an offence or suspected offence under these Regulations, the officer may seize and retain it for use in evidence in proceedings for an offence under these Regulations.

14. (8) Nothing in section 17 of the Industrial and Provident Societies Act 1893 prevents an authorised officer from exercising a power conferred on him or her by these Regulations.”.

26.