The Common Agricultural Policy Schemes (Cross-Compliance) (Scotland) Regulations 2004

Powers of authorised persons

6.—(1) In addition to any existing power of entry an authorised person may exercise any of the powers specified in this regulation for the purpose of–

(a)providing a control report or a provisional control report;

(b)establishing whether there has been a non-compliance; or

(c)ascertaining whether an offence under these Regulations has been or is being committed.

(2) An authorised person shall, on producing, if so required, some duly authenticated document showing that person’s authority, have a right at all reasonable hours to enter any land (excluding any building used only as a dwelling) which is or which such person has reasonable cause to believe to be a holding occupied by, or in the possession of, a farmer or employee, agent, contractor or tenant of the farmer.

(3) An authorised person may–

(a)carry out any inquiries, checks, examinations and tests;

(b)take any samples;

(c)inspect all or any part of the land farmed, laid fallow or withdrawn from agricultural production by a farmer including land set-aside pursuant to Article 54 of the Council Regulation;

(d)inspect any crops growing on that land or kept on it;

(e)mark any animal or other thing for identification purposes;

(f)have access to, inspect and copy any records (in whatever form they are held) kept under these Regulations, or remove such records to enable them to be copied; and

(g)have access to, inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford the authorised person such assistance as may reasonably be required and, where a record is kept by means of a computer, may require the records to be produced in a form in which they can be taken away.

(4) An authorised person entering any premises by virtue of this regulation may be accompanied by–

(a)such other persons as the authorised person considers necessary; and

(b)any representative of the European Commission acting for the purposes of the Council Regulation and the Commission Regulation.

(5) If an authorised person enters any unoccupied premises the authorised person shall leave them as effectively secured against unauthorised entry as before those premises were entered.