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	Statutory Rules of Northern Ireland
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    (2) The Interpretation Act (Northern Ireland) 1954[4] shall apply to these Regulations as it applies to an Act of the Assembly.

Selection of premises
     3.  - (1) The Department shall be responsible for the selection of premises, in accordance with the Technical Specifications, for sampling.

    (2) An inspector may for the purposes of selecting premises for sampling in accordance with the Commission Decision and the Technical Specifications -

(a) make inquiries of any person and require him to provide any information and documentation, including records, that appear to him to be, or likely to be, relevant;

(b) examine, retain or copy any records including computerised records that appear to him to be, or likely to be, relevant; and

(c) require the occupier or person in charge of those premises or any employee or agent of that occupier or person in charge of premises to provide to him such assistance, co-operation, information and documentation including records, computerised or otherwise, as he may reasonably consider appropriate.

Powers of entry
     4. An inspector shall, on producing, if requested, some duly authenticated document showing his authority, and on serving notice in writing, have the right at all reasonable hours to enter premises which have been selected for sampling, for the purpose of taking samples as required by the Commission Decision and for the purpose of enforcement of these Regulations.

General powers
     5.  - (1) An inspector shall have the following powers for the purposes of sampling required by the Commission Decision -

(a) to make enquiries of any person and request him to provide any information and documentation, including records, that appear to him to be, or likely to be, relevant;

(b) to examine, retain or copy any records including computerised records that appear to him to be, or likely to be, relevant;

(c) to take with him such vehicles and equipment as he considers necessary;

(d) to be accompanied by such other persons as he considers necessary; and

(e) to require the occupier or person in charge of those premises or any employee or agent of that occupier or person in charge of those premises to provide to him such assistance, co-operation, information and documentation including records, computerised or otherwise, that he considers necessary.

    (2) An inspector, for the purpose of sampling required by the Commission Decision, may also take and retain samples of faecal and environmental material, in accordance with the Technical Specifications, as well as take all other samples that he considers necessary.

Notices
     6.  - (1) A notice in writing given under regulation 4 may be sent to a person as an electronic communication (as defined in the Electronic Communications Act 2000[5]), only if that person has consented to the use of that method of communication.

    (2) A notice in writing sent to a person as an electronic communication shall be regarded as sent when the text of it is received in a legible form.

Offences
     7. Any person who -

(a) intentionally obstructs any person acting under these Regulations;

(b) without reasonable cause, fails to comply with requests under regulation 3(2)(a);

(c) without reasonable cause fails to act as required by an inspector exercising powers under regulations 3(2)(a), 3(2)(c), 5(1)(a) or 5(1)(e); or

(d) provides to an inspector or a person assisting an inspector any information or documentation which he knows to be false or misleading,

shall be guilty of an offence.

Penalties
     8. A person who is guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Revocation
     9. The Salmonella in Laying Flocks (Survey Powers) Regulations (Northern Ireland) 2004[6] are hereby revoked.



Sealed with the Official Seal of the Department of Agriculture on


16th March 2005.

L.S.

Liam McKibben
A senior officer of the Department of Agriculture and Rural Development

(a) designate the Department for the purpose of selecting premises for sampling and give inspectors the powers required for selecting premises for sampling (regulation 3);

(b) provide powers for inspectors to enter premises for the purposes of the Commission Decision and for the purpose of enforcement of these Regulations (regulation 4);

(c) provide powers for inspectors to make enquiries, examine and retain records, be accompanied by other persons, take equipment and vehicles on to the premises, and request information, documentation, co-operation and assistance, for the purpose of carrying out sampling under these Regulations and for the purpose of enforcement of these Regulations. Powers are provided for inspectors to take samples of faecal and environmental material (regulation 5);

(d) make provision for notices issued under these Regulations to be delivered electronically (regulation 6);

(e) prescribe offences and penalties (regulations 7 and 8); and

(f) revoke and replace Salmonella in Laying Flocks (Survey Powers) Regulations (Northern Ireland) 2004 (S.R. 2004 No. 525) (regulation 9).

[2] 1972 c. 68back

[3] S.I. 1999/2027 as amended by S.I. 2002/794back

[4] 1954 c. 33 (N.I.)back

[5] 2000 c. 7back

[6] S.R. 2004 No. 525back

 © Crown copyright 2005