Animal Health and Welfare Act 2013

38.

Functions of authorised officer.

38.—(1) For the purposes of this Act or an EU measure 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) an animal, animal product or animal feed is, may be or has been present,

(ii) a record relating to an animal, animal product or animal feed is, may be or has been present, or

(iii) equipment, machinery or other thing used in connection with an animal, animal product or animal feed is, may be or has been present,

( b) examine an animal, animal product, animal feed, equipment, machinery or other thing,

( c) require the name and address of the person in possession or control of an animal, animal product, animal feed, 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 an animal, animal product or animal feed 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 an animal, animal product or animal feed 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,

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

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

(2) For the purposes of his or her functions under this Act, 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.

(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, animal product or animal feed, 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,

( b) a disease or disease agent is or may be present on any land or premises,

( c) an offence is being or has been committed under this Act F14 [ or an EU measure ], or

( d) evidence of a disease or a disease agent, or an offence to which paragraph (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 subsection (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, animal product, animal feed, 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, animal product or animal feed 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 section 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 this Act.

(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 section 45 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 section 45 , any evidence of an offence referred to in subsection (4)(c) is being or is likely to be disposed of or destroyed.

(6) An authorised officer, when exercising a power under this section, 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 this Act.

(8) Where, in the course of exercising a power under this Act, 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 this Act, the officer may seize and retain it for use in evidence in proceedings for an offence under this Act.

(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 this Act.

Annotations:

Amendments:

F14

Inserted (28.05.2019) by Greyhound Racing Act 2019 (15/2019), s. 66 item 9, commenced on enactment.

Editorial Notes:

E64

Certain authorised officers assigned powers under section in relation to certain legislation:

• (4.03.2014) by European Union (Animal Health) (Adaptation) Regulations 2014 (S.I. No. 112 of 2014), reg. 2.

• by European Communities (Protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in poultry) (No. 2) Regulations 2006 (S.I. No. 491 of 2006), reg. 7; as substituted (3.06.2014) by European Communities (Protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in poultry) (No. 2) Regulations 2006 (Amendment) Regulations 2014 (S.I. No. 221 of 2014), reg. 2(b).

• by European Communities (Protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds) (No. 2) Regulations 2006 (S.I. No. 480 of 2006), reg. 10; as substituted (3.06.2014) by European Union (Animal Health) (Adaptation) Regulations 2014 (S.I. No. 222 of 2014), reg. 2(b).

• by European Communities (Control of Avian Influenza) Regulations 2006 (S.I. No. 701 of 2006), reg. 53; as substituted (3.06.2014) by European Communities (Control of Avian Influenza) Regulations 2006 (Amendment) Regulations 2014 (S.I. No. 223 of 2014), reg. 2(b).