49.This section and section 14 provide the specific powers necessary for the Agency or an authorised person to carry out the monitoring role provided for in section 12. Section 41 of the Food Safety Act 1990 makes provision for Ministers to require reports and returns, but does not allow for audit visits or the provision of detailed returns, statistics and supporting documentation, nor does it provide for Ministers to set performance targets in relation to enforcement. Part IV of the Agriculture Act 1970 contains no powers comparable to section 41 of the Food Safety Act 1990. The majority of the powers contained in these sections are therefore new.
50.Subsection (1) empowers the Agency to require any information that may be relevant to its assessment of an enforcement authority’s performance. As provided for in subsection (2), this requirement would apply to anyone representing, working for or acting on behalf of that authority.
Commentary on Sections Section 13: Power to request information relating to enforcement action