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and may in addition claim interest at 1% above LIBOR.

Powers of entry
     13. —(1) An officer of the Secretary of State may, on producing a duly authenticated authorisation if required, enter any premises (other than domestic premises not being used for the purposes of these Regulations) at any reasonable hour for the purpose of ensuring that the provisions of these Regulations are being complied with; and in this regulation "premises" includes any fishing or other vessel, place, vehicle, trailer or container.

    (2) The officer may be accompanied by—

(a) such other persons that the officer considers necessary; and

(b) any representative of the European Commission acting for the purpose of the enforcement of these Regulations.

    (3) On entering the premises the officer may—

(a) inspect the premises, and any plant, machinery or equipment;

(b) inspect, copy and if necessary remove records;

(c) search the premises;

(d) seize any computers and associated equipment for the purpose of copying documents provided they are returned as soon as practicable; and

(e) carry out any inquiries, examinations and tests.

Obstruction
     14. Any person who—

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

(b) without reasonable cause, fails to give to any person acting in the execution of these Regulations any assistance or information that that person may reasonably require under these Regulations;

(c) furnishes to any person acting in the execution of these Regulations any information knowing it to be false or misleading; or

(d) fails to produce a record when required to do so to any person acting in the execution of these Regulations,

is guilty of an offence.

Penalties
     15. —(1) A person guilty of an offence under these Regulations is liable—

(a) on summary conviction to a fine not exceeding the statutory maximum, and

(b) on indictment, to a fine.

    (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 person of the body corporate, or

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

that person is guilty of the offence as well as the body corporate.

    (3) For the purposes of this regulation "director", in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.


Jonathan Shaw
Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs

15th November 2007

[2] 1972 c. 68.back

[3] OJ No. L 223, 15.8.2006, p. 1.back

 © Crown copyright 2007