F160 Duties and authorities of constables.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1)The police force of each police area shall execute and enforce this Act and every order of the Minister [F21but subject, in the case of orders under section 13, to any provision made under subsection (3) of that section.]

(2)Where a person is seen or found committing, or is reasonably suspected of being engaged in committing, an offence against this Act, a constable may, without warrant, stop and detain him.

(3)If that person’s name and address are not known to the constable, and he fails to give them to the constable’s satisfaction, the constable may, without warrant, apprehend him.

(4)The constable may, whether so stopping or detaining or apprehending the person or not—

(a)stop, detain and examine any animal, vehicle, boat or thing to which the offence or suspected offence relates; and

(b)require it to be forthwith taken back to or into any place or district from which or out of which it was unlawfully removed and execute and enforce that requisition.

(5)If a person obstructs or impedes or assists in obstructing or impedinga constable or other officer in the execution—

(a)of this Act, or

(b)of an order of the Minister, or

(c)of a regulation of a local authority,

the constable or officer may without warrant apprehend the offender.

(6)A person apprehended under this section—

(a)shall be taken with all practicable speed before a justice, or, in Scotland, a sheriff or district court; and

(b)shall not be detained without a warrant longer than is necessary for that purpose.

(7)All enactments relating to the release of persons on bail by an officer of police or a constable shall apply in the case of a person apprehended under this section.

(8)The foregoing provisions of this section respecting a constable extend and apply to any person called by a constable to his assistance.

(9)A constable shall forthwith make a report in writing to his superior officer of every case in which he stops any person, animal, vehicle, boat, or thing under this section, and of his proceedings in consequence.

(10)Nothing in this section shall take away or abridge any power or authority that a constable would have had if this section had not been enacted.

61 [F2Powers of arrest as to rabies.][F2 Powers of entry and search in relation to rabies offences ]E+W

(1)[F3Without prejudice to the powers of arrest conferred by section 60 above or otherwise, a constable may arrest without warrant any person whom he, with reasonable cause, suspects to be in the act of committing or to have committed an offence to which this section applies.]

(2)The offences to which this section applies[F4 for the purposes of section 17(1)(caa) of the Police and Criminal Evidence Act 1984 ] are offences against this Act consisting of—

(a)the landing or attempted landing of any animal [F5or importation or attempted importation through the tunnel system as defined in the Channel Tunnel Act 1987 of any animal] in contravention of an order made under this Act and expressed to be made for the purpose of preventing the introduction of rabies into Great Britain; or

(b)the failure by the person having the charge or control of any vessel or boat to discharge any obligation imposed on him in that capacity by such an order; or

(c)the movement, in contravention of an order under section 17 or section 23 above, of any animal into, within or out of a place or area declared to be infected with rabies.

62 [F6Entry and search under s. 61.][F6 Entry and search in exercise of powers to seize animals ]E+W

(1)[F7For the purpose of arresting a person under the power conferred by section 61 above a constable may enter (if need be, by force) and search any vessel, boat, aircraft or vehicle of any other description in which that person is or in which the constable, with reasonable cause, suspects him to be.]

(2)For the purpose of exercising any power to seize an animal or cause an animal to be seized, and—

(a)where that power is conferred on constables by an order made under this Act, and

(b)where that power is expressed to be made for the purpose of preventing the introduction of rabies into Great Britain.

a constable may enter (if need be, by force) and search any vessel, boat, aircraft or vehicle of any other description in which there is, or in which he, with reasonable cause, suspects that there is, an animal to which that power applies.

[F862A Slaughter: power of entryE+W

(1)An inspector may at any time enter any premises for the purpose of—

(a)ascertaining whether a power conferred by or under this Act to cause an animal to be slaughtered should be exercised, or

(b)doing anything in pursuance of the exercise of that power.

(2)In this section and sections 62B and 62C premises includes any land, building or other place.]

F962B Slaughter: warrantsE+W

(1)If a justice of the peace is satisfied on sworn information in writing that the first condition is satisfied and that the second or third condition is satisfied he may issue a warrant authorising an inspector to enter any premises, if necessary using reasonable force, for the purpose mentioned in section 62A.

(2)The information must include—

(a)a statement as to whether any representations have been made by the occupier of the land or premises to an inspector concerning the purpose for which the warrant is sought;

(b)a summary of any such representations.

(3)The first condition is that there are reasonable grounds for an inspector to enter the premises for that purpose.

(4)The second condition is that each of the following applies to the occupier of the premises—

(a)he has been informed of the decision to seek entry to the premises and of the reasons for that decision;

(b)he has failed to allow entry to the premises on being requested to do so by an inspector;

(c)he has been informed of the decision to apply for the warrant.

(5)The third condition is that—

(a)the premises are unoccupied or the occupier is absent and (in either case) notice of intention to apply for the warrant has been left in a conspicuous place on the premises, or

(b)an application for admission to the premises or the giving of notice of intention to apply for the warrant would defeat the object of entering the premises.

(6)A warrant issued under this section remains in force for one month starting with the date of its approval by the justice of the peace, which date shall be clearly visible on the warrant.

(7)A warrant issued under this section must be executed only at a reasonable hour unless the inspector thinks that the case is one of urgency.

(8)In relation to any premises to which entry is obtained by virtue of a warrant under this section the Secretary of State must retain for a period of not less than 12 months beginning with the day after entry—

(a)a copy of the warrant;

(b)a copy of any record of the steps taken to effect entry to the premises and the actions taken on the premises by the inspector and any other person entering the premises with him.

F1062C Slaughter: supplementaryE+W

(1)This section applies to an inspector who enters any premises by virtue of section 62A or under a warrant issued under section 62B.

(2)The inspector may take with him—

(a)such other persons as he thinks necessary to give him such assistance as he thinks necessary;

(b)such equipment as he thinks necessary.

(3)The inspector may require any person on the premises who falls within subsection (4) to give him such assistance as he may reasonably require for the purpose mentioned in section 62A.

(4)The following persons fall within this subsection—

(a)the occupier of the premises;

(b)a person appearing to the inspector to have charge of animals on the premises;

(c)a person appearing to the inspector to be under the direction or control of a person mentioned in paragraph (a) or (b).

(5)If the inspector enters any premises by virtue of a warrant issued under section 62B he must at the time of entry—

(a)serve a copy of the warrant on the occupier of the premises, or (if the occupier is not on the premises)

(b)leave a copy of the warrant in a conspicuous place on the premises.

(6)If the inspector enters any unoccupied premises he must leave them as effectively secured against entry as he found them.

[F1162D Tests and samples: power of entryE+W

(1)A veterinary inspector may at any time enter any premises for the purpose of ascertaining—

(a)whether disease anti-bodies exist in animals on the premises;

(b)whether any animal on the premises or which was kept there at any time is, or was at that time, infected with disease;

(c)whether any causative agent of disease is present on the premises.

(2)Disease is foot-and-mouth disease and such other disease as the Secretary of State may by order specify.

(3)No order may be made under subsection (2) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(4)Causative agent includes any virus, bacterium and any other organism or infectious substance which may cause or transmit disease.

(5)In this section and sections 62E and 62F premises includes any land, building or other place.]

F1262E Tests and samples: warrantsE+W

(1)If a justice of the peace is satisfied on sworn information in writing that the first condition is satisfied and that the second or third condition is satisfied he may issue a warrant authorising a veterinary inspector to enter any premises, if necessary using reasonable force, for the purpose mentioned in section 62D.

(2)The information must include—

(a)a statement as to whether any representations have been made by the occupier of the land or premises to an inspector concerning the purpose for which the warrant is sought;

(b)a summary of any such representations.

(3)The first condition is that there are reasonable grounds for a veterinary inspector to enter the premises for that purpose.

(4)The second condition is that each of the following applies to the occupier of the premises—

(a)he has been informed of the decision to seek entry to the premises and of the reasons for that decision;

(b)he has failed to allow entry to the premises on being requested to do so by an inspector;

(c)he has been informed of the decision to apply for the warrant.

(5)The third condition is that—

(a)the premises are unoccupied or the occupier is absent and (in either case) notice of intention to apply for the warrant has been left in a conspicuous place on the premises, or

(b)an application for admission to the premises or the giving of notice of intention to apply for the warrant would defeat the object of entering the premises.

(6)A warrant issued under this section remains in force for one month starting with the date of its approval by the justice of the peace, which date shall be clearly visible on the warrant.

(7)A warrant issued under this section must be executed only at a reasonable hour unless the inspector thinks that the case is one of urgency.

(8)In relation to any premises to which entry is obtained by virtue of a warrant under this section the Secretary of State must retain for a period of not less than 12 months beginning with the day after entry—

(a)a copy of the warrant;

(b)a copy of any record of the steps taken to effect entry to the premises and the actions taken on the premises by the inspector and any other person entering the premises with him.

F1362F Tests and samples: supplementaryE+W

(1)This section applies to a veterinary inspector who enters any premises by virtue of section 62D or under a warrant issued under section 62E.

(2)The inspector may take with him—

(a)such other persons as he thinks necessary to give him such assistance as he thinks necessary;

(b)such equipment as he thinks necessary.

(3)The inspector may take such samples (including samples from any animal on the premises) and carry out such tests as he thinks are necessary for the purpose mentioned in section 62D(1).

(4)The inspector may require any person on the premises who falls within subsection (5) to give him such assistance as he may reasonably require for the purpose mentioned in section 62D(1).

(5)The following persons fall within this subsection—

(a)the occupier of the premises;

(b)a person appearing to the inspector to have charge of animals on the premises;

(c)a person appearing to the inspector to be under the direction or control of a person mentioned in paragraph (a) or (b).

(6)If the inspector enters any unoccupied premises he must leave them as effectively secured against entry as he found them.

(7)If the inspector enters any premises by virtue of a warrant issued under section 62E he must at the time of entry—

(a)serve a copy of the warrant on the occupier of the premises, or (if the occupier is not on the premises)

(b)leave a copy of the warrant in a conspicuous place on the premises.

(8)A person commits an offence if—

(a)he is required to give assistance under subsection (4), and

(b)he fails to give it.

(3)An inspector may at any time enter any pen, vehicle, vessel, boat or aircraft in which or [F14in respect of which] he has reasonable grounds for supposing that this Act or an order of the Minister or a regulation of a local authority has not been or is not being complied with.

(4)An inspector entering as authorised by the foregoing provisions of this section shall, if required by the owner, or occupier, or person in charge of the land, building, place, pen, vehicle, vessel, boat or aircraft state in writing his reasons for entering.

(5)For the purpose of ascertaining whether the provisions of any order under section 10 above or the conditions of any licence issued in accordance with any such order are being complied with, an inspector may at any time enter—

(a)any vessel, boat, aircraft or vehicle of any other description which is for the time being within the limits of a port, within the meaning of the M1Customs and Excise Management Act 1979, or at a customs and excise airport, within the meaning of that Act; or

(b)any vessel, boat or aircraft which does not fall within paragraph (a) above but which he has reasonable grounds for supposing has recently been brought into Great Britain.

(6)Without prejudice to subsection (5) above, an inspector may at any time enter—

(a)any land, building or other place, or

(b)any vessel, boat, aircraft or vehicle of any other description,

on or in which he has reasonable grounds for supposing that there is being or has been kept any animal or other thing which has been imported and the importation of which is for the time being prohibited or regulated by an order under section 10; and in this subsection “animals” and “imported” have the same meaning as in that section.

(7)A certificate of a veterinary inspector to the effect that an animal is or was affected with a disease specified in the certificate shall, for the purposes of this Act, be conclusive evidence in all courts of justice of the matter certified.

(8)An inspector of the Minister has all the powers of an inspector throughout Great Britain or that part for which he is appointed.

(9)In addition to the powers conferred by this section upon inspectors, an inspector of the Minister may at any time, [F15enter any land, building or other place, on or in which he has reasonable grounds for supposing that animals are or have been kept, for the purpose of ascertaining whether any disease exists there or has within 56 days existed there.

This subsection does not have effect in relation to poultry.]

[64AF16Powers of inspectors relating to Community obligationsE+W+S

In addition to the powers conferred by sections 63 and 64, an inspector (on producing, if required to do so, some duly authenticated document showing his authority) may at all reasonable hours—

(a)enter—

(i)any land, building, or other place, or

(ii)any vessel, boat, aircraft, hovercraft or vehicle of any other description,

for the purpose of ascertaining whether the provisions of any order made under this Act in implementation of any Community obligation have been or are being complied with, and

(b)carry out such inspections (including inspection of documents) as may be necessary for that purpose.]

(3)Section [F17284 of the Merchant Shipping Act 1995] shall apply in the case of such detention as if it were authorised or ordered under that Act.

(4)In relation to aircraft the Ministers may—

(a)by an order under this Act adapt that section of the [F181995 Act] as applied in the case of the detention of a vessel under this section; or

(b)make such other provision instead of it as they think expedient.

[F1965A Inspection of vehiclesE+W

(1)If each of the conditions in subsection (2) is satisfied, an inspector may stop, detain and inspect any vehicle to ascertain whether the provisions of any of the following are being complied with—

(a)this Act;

(b)an order made under this Act;

(c)a regulation of a local authority made in pursuance of such an order.

(2)The conditions are—

(a)that the vehicle is in a designated area in a designated period;

(b)that the inspector is accompanied by a constable in uniform.

(3) In subsection (2) “ designated ” means designated by an order made by the Secretary of State.

(4)A vehicle includes—

(a)a trailer, semi-trailer or other thing which is designed or adapted to be towed by another vehicle;

(b)anything on a vehicle;

(c)a detachable part of a vehicle;

(d)a container or other structure designed or adapted to be carried by or on a vehicle.]

[F2066A Refusal and obstruction of inspectorE+W

(1)A person commits an offence if without lawful authority or excuse (proof of which shall lie on him) he—

(a)refuses admission to any premises to a person acting under section 62A above,

(b)obstructs or impedes him in so acting, or

(c)assists in any such obstruction or impeding.

(2)A person commits an offence if—

(a)he is required to give assistance under section 62C(3), and

(b)he fails to give it.]