The Transport of Animals (Cleansing and Disinfection) (Scotland) Regulations 2005

Powers of inspectors

7.—(1) An inspector shall have, for the purpose of enforcing these Regulations, power to–

(a)enter, at any reasonable time, any place other than a dwelling house at which a means of transport is kept;

(b)enter, at any reasonable time, any means of transport and carry out such inspection of it or enquiry in relation to it as appears to the inspector to be appropriate;

(c)require the assistance of the user of the means of transport, or of any person appearing to the inspector to be in charge of it, to facilitate such inspection or enquiry;

(d)inspect, and take copies of, any document relating to the carriage of animals in the means of transport; and

(e)inspect and check the operation of any computer and any associated apparatus or material which is or has been in use in connection with any record relating to the carriage of animals in the means of transport; 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 to the inspector such assistance as the inspector may reasonably require (including providing any necessary passwords) and, where a record is kept by means of a computer, may require the record to be produced in a form in which they may be taken away.

(2) Where an inspector is satisfied that a means of transport either–

(a)has not been cleansed and disinfected in accordance with these Regulations; or

(b)requires to be cleansed and disinfected to prevent a risk of transmission of a disease affecting animals,

that inspector may serve a notice on any person appearing to the inspector to be in charge of that means of transport–

(i)prohibiting the use of the means of transport for either the transport or keeping of animals or both until it has been cleansed and disinfected;

(ii)requiring that person to carry out the cleansing and disinfection as set out in the notice within a period specified in the notice; or

(iii)requiring that person to dispose of all feeding stuffs to which animals have had access, bedding, excreta and other material of animal origin in the way set out in the notice.

(3) Cleansing and disinfection required by a notice under this regulation shall be carried out in accordance with Schedule 2 unless an inspector is satisfied that it is necessary for animal health purposes for the cleansing and disinfection to be carried out in a manner specified in a notice.