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The Alien and Locally Absent Species in Aquaculture Regulations (Northern Ireland) 2012
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- Northern Ireland Statutory Rules
- 2012 No. 335
- PART 3
- Regulation 12
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Entry and inspection of premisesN.I.
This section has no associated Explanatory Memorandum
12.—(1) For the purposes of enforcing Council Regulation 708/2007 or these Regulations, an inspector may, on producing, if so required, some duly authenticated document showing the inspector’s authority, enter and inspect any premises at any reasonable hour.
(2) But an inspector may not enter any premises which are used wholly or mainly as a private dwelling-house unless –
(a)24 hours’ notice of the intended entry has been given to the occupier; or
(b)a lay magistrate has issued a warrant under this regulation authorising the inspector to enter the dwelling.
(3) A lay magistrate may issue a warrant authorising an inspector to enter any premises, if necessary by reasonable force, if the lay magistrate is satisfied, on complaint on oath, -
(a)that there are reasonable grounds to enter the premises for a purpose mentioned in paragraph (1); and
(b)that any of the conditions in paragraph (4) is met.
(4) The conditions are –
(a)that admission to the premises has been, or is likely to be, refused and (in either case) notice of the intention to apply for a warrant has been given to the occupier;
(b)that asking for admission to the premises, or the giving of such notice, would defeat the object of the entry;
(c)that entry to the premises is required urgently; or
(d)that the premises are unoccupied or the occupier is temporarily absent.
(5) A warrant issued under paragraph (3) shall continue in force for one month or, if sooner, until the purpose for which it was issued has been fulfilled.
[F1(6) An inspector entering any premises may be accompanied by such persons, and may enter with such equipment or vehicle, as the inspector considers necessary for the purposes of these Regulations.]
(7) An inspector entering any premises which are unoccupied, or from which the occupier is temporarily absent, shall leave them as effectively secured against unauthorised entry as the inspector found them.
(8) In this regulation “premises” includes any land or place and, in particular, includes—
(a)any vessel, vehicle or trailer;
(b)any installation, container or receptacle.
Textual Amendments
F1Reg. 12(6) substituted (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/581), regs. 1(1), 3; 2020 c. 1, Sch. 5 para. 1(1)
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