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Sampling and other checks and examinations
18.
- (1) An inspector shall have power to carry out all checks and examinations necessary for the enforcement of these Regulations.
(2) An inspector may-
(a) take samples (and, if necessary, send the samples for laboratory testing) from any goods, product, by-product or material;
(b) examine any record (including any record held in electronic form) which he believes to be relevant to any checks and examinations under these Regulations;
(c) seize, detain and require the production of any such record which he has reason to believe may be required as evidence in proceedings under any of the provisions of these Regulations;
(d) take with him such other person as he considers necessary to carry out any checks and examinations under these Regulations;
(e) require any person who is or appears to be in control of any goods of a kind described in regulation 3(1) or 4(1) above, or any foreign origin export eligible goods, DBES goods or ECHS goods, controlled bovine by-products, foreign origin bovine by-products, or any goods, products, by-products or material of a kind described in regulation 6 above, to arrange, at his own expense, for those goods, products, by-products or material to be removed from any store, vehicle, vessel, container, packing or wrapping;
(f) inspect any process or operation carried out under these Regulations and anything used for the marking and identification of products and materials; and
(g) take with him a representative of the Commission acting for the purposes of the Commission.
Powers of customs officers to detain vehicles and vessels
19.
- (1) An officer may, for the purpose of facilitating the exercise by any inspector of the powers conferred on the inspector by these Regulations, detain any vehicle or vessel for such period as may reasonably be necessary for that purpose.
(2) Any vehicle or vessel detained by an officer under this regulation shall be dealt with during the period of its detention in such manner as the officer may direct.
Suspension notices and orders
20.
- (1) If an inspector is satisfied that the despatch risk is fulfilled with respect to a consignment on business premises of any goods, products, by-products or material of a kind described in regulation 3(1), 4(1) or 6 above, any controlled bovine by-products or foreign origin bovine by-products, or any foreign origin export eligible goods, DBES goods or ECHS goods, he may, by a notice served on the proprietor of the business (a "suspension notice"), impose a suspension of the use of the premises for-
(a) the despatch of those goods, products, by-products or material for any purpose in relation to the despatch risk; and
(b) the receipt or despatch for any such purpose of any other goods, products, by-products or material of a similar kind.
(2) If a magistrates' court or, in Scotland, the sheriff is satisfied, on the application of an inspector, that the despatch risk is fulfilled with respect to a consignment on business premises of any such goods, products, by-products or material of a kind referred to in paragraph (1) above, the court or sheriff shall, by an order (a "suspension order"), impose a suspension of the use of the premises for-
(a) the despatch of those goods, products, by-products or material; and
(b) the receipt or despatch of any other goods, products, by-products or material of a similar kind.
(3) An inspector shall not apply for a suspension order unless, at least one day before the date of the application, he has served notice on the proprietor of the business of his intention to apply for the order.
(4) As soon as practicable after the service of a suspension notice, an inspector shall affix a copy of the notice in a conspicuous position on such premises used for the purpose of the business as the inspector considers appropriate.
(5) As soon as reasonably practicable after the making of a suspension order, an inspector shall-
(a) serve a copy of the order on the proprietor of the business; and
(b) affix a copy of the order in a conspicuous position on such premises used for the purpose of that business as the inspector considers appropriate.
(6) A suspension notice shall cease to have effect-
(a) if no application for a suspension order is made within the period of three days beginning with the service of the notice, at the end of that period; and
(b) if such an application is so made, on the determination or abandonment of the application.
(7) A suspension notice or suspension order shall cease to have effect on the issue by the Minister of a certificate to the effect that he is satisfied that the proprietor has taken sufficient measures to secure that the despatch risk is no longer fulfilled with respect to the use of the premises for the receipt and despatch of goods, products, by-products or material.
(8) The Minister shall issue a certificate under paragraph (7) above within three days of his being satisfied as mentioned in that paragraph; and on an application by a proprietor for such a certificate, the Minister shall-
(a) determine, as soon as is reasonably practicable and in any event within the period of 14 days beginning on the day on which the proprietor makes that application, whether or not he is so satisfied; and
(b) if he determines that he is not so satisfied, give notice to the proprietor of the business of the reasons for that determination.
(9) Where a suspension notice is served on the proprietor of a business, the Minister shall compensate him in respect of any loss suffered by reason of his complying with the notice unless-
(a) an application for a suspension order is made within the period of three days beginning with the service of the notice; and
(b) the court declares itself satisfied, on the hearing of the application, that the despatch risk was fulfilled with respect to the business at the time when the notice was served;
and any disputed question as to the right to or the amount of any compensation payable under this paragraph shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.
(10) For the purposes of this regulation, the "despatch risk" in respect of a consignment of goods, products, by-products or material is the risk that some or all of those goods, products, by-products or material will be despatched to a member State or a third country.
Obstruction
21.
- (1) No person shall-
(a) intentionally obstruct any person acting in the execution of these Regulations;
(b) without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purpose of carrying out his functions under these Regulations; or
(c) furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
(2) Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences and penalties
22.
- (1) No person shall slaughter a bovine animal, for the purpose of deriving from the animal any DBES goods, otherwise than in an establishment approved for the slaughter of DBES eligible animals under regulation 10 above.
(2) No person shall slaughter a bovine animal, for the purpose of deriving from the animal any DBES goods, unless the animal is a DBES eligible animal at the time of slaughter.
(3) A person contravening or failing to comply with paragraph (1) or (2) above, or with any other provision of these Regulations, shall be guilty of an offence and shall be liable-
(a) on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both;
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
(4) 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,
he, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(5) For the purposes of paragraph (1) above, "director", in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
(6) Where an offence under these Regulations which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Offences due to fault of another person and defence of due diligence
23.
- (1) Where the commission by any person of an offence under any of the provisions of these Regulations is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this paragraph of this regulation whether or not proceedings are taken against the first-mentioned person.
(2) In any proceedings for an offence under any of the provisions of these Regulations, it shall, subject to paragraph (3) below, be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
(3) If in any case the defence provided by paragraph (2) above involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless-
(a) at least seven clear days before the hearing; and
(b) where he has previously appeared before a court in connection with the alleged offence, within one month of his first such appearance,
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
(4) In paragraph (3) above any reference to appearing before a court shall be construed as including a reference to being brought before a court.
Enforcement
24.
- (1) Except as provided in paragraph (2) below, these Regulations shall be enforced and executed by the Minister and the local authority.
(2) The Minister may direct, in relation to cases of a particular description or any particular case, that the duty imposed on a local authority under this regulation shall be discharged by the Minister and not by the local authority.
Service of notices and other documents
25.
- (1) Any notice or other document to be given or served on any person under these Regulations may be given or served either-
(a) by delivering it to that person;
(b) in the case of an incorporated body, by delivering it to their secretary or clerk at their registered or principal office, or by sending it by post to him at that office; or
(c) in the case of any other person, by leaving it, or sending it by post to him, at his usual or last known address.
(2) Where a notice or other document is to be given or served on the owner, proprietor, operator or occupier of any premises and it is not practicable after reasonable enquiry to ascertain the name and address of the person to or on whom it should be given or served, or the premises are unoccupied, the document may be given or served by addressing it to the person concerned by the description of "owner", "proprietor", "operator" or "occupier" of the premises (naming them) and-
(a) by delivering it to some person on the premises; or
(b) if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.
Revocation of the Bovines and Bovine Products (Trade) Regulations 1998 and savings provisions
26.
- (1) The Bovines and Bovine Products (Trade) Regulations 1998 are hereby revoked.
(2) Any registration or approval of premises under the Bovines and Bovine Products (Trade) Regulations 1998 which is in force immediately before the commencement of these Regulations shall have effect from the commencement of these Regulations as if granted under these Regulations.
(3) Any appointment of an inspector or veterinary inspector under the Bovines and Bovine Products (Trade) Regulations 1998 which is in force immediately before the commencement of these Regulations shall have effect from the commencement of these Regulations as if made under these Regulations.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
1st April 1999
Sam Galbraith
Parliamentary Under-Secretary of State, Scottish Office
8th April 1999
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