The Official Controls (Agriculture etc.) (Scotland) Regulations 2019
| Jurisdiction | Scotland |
| Citation | SSI 2019/412 |
| Year | 2019 |
(1) These Regulations may be cited as the Official Controls (Agriculture etc.) (Scotland) Regulations 2019 and come into force on 14 December 2019.(2) These Regulations extend to Scotland only.(1) In these Regulations—The Scottish Ministers or any other designated authority may disclose information to each other and to other competent authorities
in relation to carrying out an audit of the activities of a designated authority, by the designated authority; orin relation to carrying out an audit pursuant to regulation 6(2) , by the Scottish Ministers.(2) For the purposes of carrying out an audit, an auditor may enter premises to which an inspector has a power of entry under relevant legislation (“audit premises”) as if the auditor were an inspector meeting the criteria for gaining such entry under that relevant legislation.(3) An auditor exercising a power of entry may be accompanied by any person whose assistance is reasonably required by the auditor.(4) Any person at an audit premises must provide such information as may reasonably be required for the purposes of the audit to an auditor, upon request.(5) An auditor may inspect such records as may reasonably be required for the purpose of the audit and may make or require copies to be provided of such records.(6) When exercising the powers conferred by this regulation, an auditor must, upon request, produce evidence of authorisation under these Regulations.(7) This regulation does not apply where an auditor undertakes an audit in accordance with regulation 7.(1) The Scottish Ministers may require a designated authority to provide them with such information by a specified date about any audits it has carried out or undergone or which it plans to carry out or undergo.(2) The Scottish Ministers may require an auditor to carry out an audit of a designated authority.(3) The designated authority must provide such assistance to that auditor as may reasonably be required in order for the auditor to carry out the audit effectively.(1) The Scottish Ministers may require Food Standards Scotland to carry out an audit of a competent or designated authority for the purposes of the F43Official Controls Regulation.
- “audit” means an audit of a competent or designated authority for the purposes of Article 6 in relation to any relevant legislation;
- “auditor” means a person carrying out an audit on behalf of a competent authority;
- “designated authority” means an authority designated under regulation 3;
- “enforcement officer” means an officer authorised to enforce the F38Official Controls Regulation and these Regulations by a competent or designated authority;
- “inspector” in relation to any relevant legislation, means an inspector, veterinary inspector, or other officer authorised by a competent or designated authority to act in Scotland under that legislation;
- “official controls” has the meaning given by Article 2(1) ;
- “other official activities” has the meaning given by Article 2(2) ;
- “premises” includes any means of transport;
- “relevant legislation” means ... legislation relating to the areas specified in sub-paragraphs (b) , (d) , (e) and (f) of Article 1(2) ;
- “the F38Official Controls Regulation” means Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of feed and food law, rules on animal health and welfare, plant health and plant protection products , and where the context requires it includes a reference to measures in implementing and delegated regulations made under the F38Official Controls Regulation;
- “Feed and Food Regulations” means the Official Feed and Food Controls (Scotland) Regulations 2009 .
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