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There are currently no known outstanding effects for the The Veterinary Medicines Regulations 2013, Section 41.
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41.—(1) An inspector must follow the procedures set out in this regulation when seizing anything under these Regulations.
(2) The inspector must serve on the person appearing to be in charge of the seized [F1item] a notice (referred to in these Regulations as a “seizure notice”)—
(a)giving the grounds for seizing the [F1item]; and
(b)informing that person of the rights under this regulation to make a claim, and the address for the service of the claim.
(3) An inspector who is not able to remove [F2items] seized immediately may mark the [F2items] in any way, and serve a notice on the person in charge of the [F2items] identifying them, and prohibiting the removal of the [F2items] from the premises until they are collected by an inspector, and no person other than an inspector may remove [F2items] identified under this paragraph from the premises.
(4) The person on whom the seizure notice was served or the owner of the seized [F3item] may, within 28 days of seizure, notify any claim that the [F3item] was not liable to seizure to the Secretary of State at the address specified in the seizure notice, setting out the grounds in full.
(5) If a notification of a claim is not received within 28 days, the Secretary of State may destroy the [F4item].
(6) If a notification of a claim is received within 28 days, then, unless the [F5item] seized is being held for the purposes of pending or contemplated criminal proceedings, or for a criminal investigation, the Secretary of State must either return the [F5item] or take proceedings for an order for the confirmation of the seizure notice and the destruction of the [F6item] in a magistrates’ court (or, in Scotland, the sheriff court), and if the court confirms the notice it must order its destruction.
(7) The procedure in a magistrates’ court under this regulation is by way of complaint, and the Magistrates’ Courts Act 1980 applies to the proceedings.
(8) The procedure before the sheriff is by summary application.
(9) The person on whom the seizure notice was served is liable for the costs of transport, storage for up to 28 days and destruction of the [F7item] seized unless a claim is made to a court and the court directs otherwise.
Extent Information
E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F1Word in reg. 41(2) substituted (E.W.S.) (17.5.2024) by The Veterinary Medicines (Amendment etc.) Regulations 2024 (S.I. 2024/567), regs. 1(1), 23(a)
F2Word in reg. 41(3) substituted (E.W.S.) (17.5.2024) by The Veterinary Medicines (Amendment etc.) Regulations 2024 (S.I. 2024/567), regs. 1(1), 23(b)
F3Word in reg. 41(4) substituted (E.W.S.) (17.5.2024) by The Veterinary Medicines (Amendment etc.) Regulations 2024 (S.I. 2024/567), regs. 1(1), 23(c)
F4Word in reg. 41(5) substituted (E.W.S.) (17.5.2024) by The Veterinary Medicines (Amendment etc.) Regulations 2024 (S.I. 2024/567), regs. 1(1), 23(d)
F5Word in reg. 41(6) substituted (E.W.S.) (17.5.2024) by The Veterinary Medicines (Amendment etc.) Regulations 2024 (S.I. 2024/567), regs. 1(1), 23(e)(ii)
F6Word in reg. 41(6) substituted (E.W.S.) (17.5.2024) by The Veterinary Medicines (Amendment etc.) Regulations 2024 (S.I. 2024/567), regs. 1(1), 23(e)(i)
F7Word in reg. 41(9) substituted (E.W.S.) (17.5.2024) by The Veterinary Medicines (Amendment etc.) Regulations 2024 (S.I. 2024/567), regs. 1(1), 23(f)
41.—(1) An inspector must follow the procedures set out in this regulation when seizing anything under these Regulations.
(2) The inspector must serve on the person appearing to be in charge of the seized product a notice (referred to in these Regulations as a “seizure notice”)—
(a)giving the grounds for seizing the product; and
(b)informing that person of the rights under this regulation to make a claim, and the address for the service of the claim.
(3) An inspector who is not able to remove products seized immediately may mark the products in any way, and serve a notice on the person in charge of the products identifying them, and prohibiting the removal of the products from the premises until they are collected by an inspector, and no person other than an inspector may remove products identified under this paragraph from the premises.
(4) The person on whom the seizure notice was served or the owner of the seized product may, within 28 days of seizure, notify any claim that the product was not liable to seizure to the Secretary of State at the address specified in the seizure notice, setting out the grounds in full.
(5) If a notification of a claim is not received within 28 days, the Secretary of State may destroy the product.
(6) If a notification of a claim is received within 28 days, then, unless the product seized is being held for the purposes of pending or contemplated criminal proceedings, or for a criminal investigation, the Secretary of State must either return the product or take proceedings for an order for the confirmation of the seizure notice and the destruction of the veterinary medicinal product in a magistrates’ court F8..., and if the court confirms the notice it must order its destruction.
(7) The procedure in a magistrates’ court under this regulation is by way of complaint, and the Magistrates’ Courts Act 1980 applies to the proceedings.
F9(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) The person on whom the seizure notice was served is liable for the costs of transport, storage for up to 28 days and destruction of the product seized unless a claim is made to a court and the court directs otherwise.
Extent Information
E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F8Words in reg. 41(6) omitted (N.I.) (31.12.2020) by virtue of The Animals (Health, Identification, Trade and Veterinary Medicines) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/353), regs. 1(3), 10(10)(a)
F9Reg. 41(8) omitted (N.I.) (31.12.2020) by virtue of The Animals (Health, Identification, Trade and Veterinary Medicines) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/353), regs. 1(3), 10(10)(b)
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