The Salmonella in Laying Flocks (Survey Powers) (Wales) Regulations 2005

• Citation: S.I. 2005/586 (W.)
• Sections: 8

Section 1 Title, commencement and application

(1) These Regulations may be cited as the Salmonella in Laying Flocks (Survey Powers) (Wales) Regulations 2005 and shall come into force on 31 March 2005.

(2) These Regulations apply to Wales only.

Section 2 Interpretation

In these Regulations —

“the Commission Decision” (“ Penderfyniad y Comisiwn ”) means Commission Decision 2004/665/ EC ;

“inspector” (“ arolygydd ”) means a person appointed to be an inspector for the purpose of these Regulations by the National Assembly for Wales, or by a local authority;

“laying hen” (“ iâr ddodwy ”) means any bird of the species Gallus gallus that produces eggs for human consumption;

“local authority” (“ awdurdod lleol ”) means the council or county borough council as the case may be;

“premises” (“ mangreoedd ”) includes land with or without buildings but does not include any place used only as a dwelling; and

“the Technical Specifications” (“ y Manylebion Technegol ”) mean those technical specifications referred to at Article 5 of the Commission Decision which are entitled “Baseline Study on the Prevalence of Salmonella in Laying Flocks of Gallus gallus in the EU ”.

Section 3 Selection of Premises

The National Assembly for Wales shall be responsible for selection of premises, in accordance with the Technical Specifications, for sampling.

Section 4 Inspectors' Powers — Entry

An inspector shall, on producing, if requested, some duly authenticated document showing the inspector’s authority, have the right at all reasonable hours to enter premises which have been selected for sampling, in accordance with the Technical Specifications, for the purpose of taking samples as required by the Commission Decision and for the purposes of regulation 8.

Section 5 Inspectors' Powers — General

An inspector may for the purpose of sampling required by the Commission Decision and for the purposes of regulations 3 and 8 —

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

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

(c) take and retain such samples, including samples from laying hens, carcases of laying hens and faecal and environmental material, in accordance with the Technical Specifications, as well as all other samples that the inspector considers necessary for the purpose of sampling required by the Commission Decision;

(d) take with him or her such vehicles and equipment as the inspector considers necessary;

(e) be accompanied by such other persons as the inspector considers necessary; and

(f) 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 the inspector such assistance, co-operation, information and documentation including records, computerised or otherwise, as the inspector may reasonably require.

Section 6 Offences

Any person who —

(a) intentionally obstructs any person acting in the execution of these Regulations;

(b) without reasonable cause, fails to comply with regulation 5(f) above;

(c) provides to any person acting in the execution of these Regulations any information which that person knows to be false or misleading; or

(d) without reasonable cause, fails to produce documentation, including records, or information, to any person acting in the execution of these Regulations when required to do so by that person;

shall be guilty of an offence.

Section 7 Penalties

(1) 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.

(2) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —

(a) any director, manager, secretary or other similar officer of the body corporate;

(b) any person who was purporting to act in any such capacity; or

(c) in the case of a partnership, a partner or person who was purporting to act as such,

any such person, as well as the body corporate or partnership, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

(3) For the purposes of paragraph (2), “director”, in relation to a body corporate whose affairs are managed by its members, includes a member of the body corporate.

Section 8 Enforcement

(1) These Regulations shall be enforced by a local authority.

(2) The National Assembly for Wales may direct, in relation to cases of a particular description or a particular case, that any duty imposed on a local authority under paragraph (1) shall be discharged by the National Assembly for Wales and not by the local authority.