The Avian Influenza (Preventive Measures) (Scotland) Regulations 2005

Powers of inspectors in case of default

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12.—(1) If a person fails to comply with a requirement of these Regulations or a restriction or a requirement of a declaration made, notice issued or licence granted under them, a veterinary inspector or an inspector may take any steps which the veterinary inspector or inspector, as the case may be, considers necessary to ensure the restriction or requirement is met, including–

(a)seizing, detaining or disposing of any bird moved, kept or otherwise dealt with in breach of these Regulations and of any such declaration, notice or licence; and

(b)directing any person to take or refrain from specified action in respect of any place, bird, animal, vehicle, product or other thing.

(2) Any steps taken are without prejudice to proceedings for an offence arising out of the default.

(3) The person in default shall reimburse any reasonable expenses incurred by the Scottish Ministers, or by the local authority, in taking such steps and any such reimbursement is recoverable summarily.