Office of Public Sector Information

PART 10 Emergency Declarations

Disease outbreaks in third countries

61.—(1) Where the Department or the Agency learns of, or has reasonable grounds to suspect, the presence in any third country of—

(a) a disease referred to in Council Directive 82/894/EEC (on the notification of animal diseases within the Community)(27); or

(b) a zoonosis or other disease or phenomenon or circumstance liable to present a serious threat to animal or public health,

or if any other serious animal health or public health reason so warrants, he or it may by declaration suspend, or impose conditions on, the bringing into Northern Ireland of any product from the whole or any part of that third country.

(2) Such a declaration must—

(a) be in writing;

(b) be published in such manner as the Department or the Agency, as the case may be, thinks fit; and

(c) must specify the products and the third country or part of the third country concerned.

(3) A declaration which imposes conditions on the presentation of any product from a third country or part of a third country into Northern Ireland must specify those conditions.

(4) Where a declaration is in force suspending the introduction of any product, no person shall bring that product into Northern Ireland if it originates in the third country or part of a third country specified in the declaration.

(5) Where a declaration is in force imposing conditions on the introduction of any product, no person shall bring that product into Northern Ireland if it originates in the third country or part of third country specified in the declaration unless the product complies with the conditions specified in the declaration.

(6) A declaration may be modified, suspended or revoked by a further written declaration published, so far as is practicable, in the same manner and to the same extent as the original declaration.

PART 11 Offences and Penalties

Obstruction

62.  No person shall —

(a) intentionally obstruct any person in the exercise of a power conferred by regulation 8 or 9 or in the performance of any other regulatory function;

(b) without reasonable cause fail to comply with a requirement made of him under regulation 8 or 9, or fail to give to any person exercising a power conferred by those regulations or performing any other regulatory function such assistance or information as that person may reasonably require of him for the purpose of exercising the power or performing the function; or

(c) furnish to any person exercising a power conferred by regulation 8 or 9 or performing any other regulatory function any information which he knows to be false or misleading.

Defences

63.—(1) In any proceedings for an offence of contravening a provision of these Regulations listed in Schedule 4, it shall 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.

(2) If in any case the defence provided by paragraph (1) 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, or been brought, 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.

(3) In any proceedings for an offence of contravening regulation 5(9), it is a defence for the person charged to prove that he reasonably believed—

(a) that the disclosure was lawful; or

(b) that the information had already lawfully been made available to the public.

Contraventions

64.  Any person who—

(a) contravenes a provision of these Regulations, other than—

(i) the provisions contained in regulations 8(2) and 19(3) referring to payment of costs; and

(ii) the provisions contained in regulations 23(7), 28, 43(5), 45(2) and 55; or

(b) fails to comply with a notice served upon him under these Regulations,

shall be guilty of an offence.

Penalties

65.—(1) A person guilty of the offence of contravening regulation 61(1)(a) or 61(1)(b) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months, or to both.

(2) A person guilty of any other offence under these Regulations 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 imprisonment for a term not exceeding two years, to a fine or to both.

PART 12 Notices and Decisions

Service of notices

66.  Any notice served under these Regulations by the Department, the Agency, an official veterinary surgeon or an authorised officer may be served on a person by—

(a) delivering it to that person;

(b) leaving it at his proper address; or

(c) posting it to his proper address.

Notification of decisions

67.  Where, under any provision of these Regulations, a decision is taken in relation to a product or consignment, the person taking the decision shall, notify the person responsible for the product or consignment in writing of the decision and the reasons for it, together with details of his right of appeal against the decision including the procedure and time limits applicable.