Part V Enforcement, Offences and Proceedings
Enforcement
F19E1C1C5C4C2C11C3C17C13C15C23C35C30C41C8160 Duties and authorities of constables.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E2C1C5C4C2C11C3C17C13C15C23C35C30C41C8160 Duties and authorities of constables.
1
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 F23 inspector in the execution—
a
of this Act, or
b
of an order of the Minister, or
F25ba
of regulations made by the Scottish Ministers under this Act,
c
of a regulation of a local authority,
the constable or F24 inspector 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.
61F20Powers of arrest as to rabies.F20 Powers of entry and search in relation to rabies offences
1
F16Without 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 appliesF17 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 F2or 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.
62F21Entry and search under s. 61.F21 Entry and search in exercise of powers to seize animals
1
F18For 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.
C25C44C51C58C71C65 62A F3 Slaughter: power of entry
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.
F462B Slaughter: warrants
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.
F562C Slaughter: supplementary
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.
62DF6 Tests and samples: power of entry
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.
F762E Tests and samples: warrants
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.
F862F Tests and samples: supplementary
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.
62GF26Powers of entry etc.: Scotland
1
An inspector may enter any premises in Scotland for the purpose of—
a
ascertaining whether a power of slaughter conferred by or under any provision mentioned in subsection (3) should be exercised; or
b
doing anything in pursuance of or in connection with the exercise of such a power.
2
A power of slaughter conferred by or under any provision mentioned in subsection (3) extends to the taking of any action for the purposes of or in connection with the exercise of the power.
3
The provisions are—
a
section 16B of;
b
section 32 of;
c
Schedule 3 to;
d
Schedule 3A to,
this Act.
4
An inspector acting under subsection (1) must, if required, produce evidence of the inspector's authority.
5
Where any power of entry conferred on an inspector by this Act is exercised in relation to premises used exclusively as a dwelling-house, 24 hours' notice of the intended entry is to be given to the occupier unless the inspector thinks the case is one of urgency.
6
Any power of entry conferred on an inspector by this Act must be exercised at a reasonable hour unless the inspector thinks the case is one of urgency.
7
In this section and sections 62H and 62I, an “inspector” means—
a
a person appointed as an inspector for the purposes of this Act by the Scottish Ministers; or
b
a person authorised by the Scottish Ministers for those purposes.
8
In this section and sections 62H and 62I, “premises” includes—
a
any land or building; or
b
any other place, in particular—
i
a vehicle or vessel; or
ii
a tent or moveable structure.
62HF26Warrants
1
A sheriff or justice of the peace may issue a warrant authorising an inspector to enter (if necessary using reasonable force) any premises in Scotland for the purpose mentioned in subsection (2), if satisfied by evidence on oath that—
a
the first condition is satisfied; and
b
either the second or the third condition is satisfied.
2
The purpose is that of—
a
ascertaining whether a function of the Scottish Ministers or inspectors under this Act should be exercised; or
b
doing anything in pursuance of or in connection with the exercise of such a function.
3
The evidence must include—
a
a statement as to whether any representations have been made by the occupier of the premises to an inspector concerning the purpose for which the warrant is sought;
b
a summary of any such representations.
4
The first condition is that there are reasonable grounds for an inspector to enter the premises for that purpose.
5
The second condition is that each of the following applies—
a
the occupier has been informed of the decision to seek entry to the premises and of the reasons for that decision;
b
the occupier has failed to allow entry to the premises on being requested to do so by an inspector; and
c
the occupier has been informed of the intention to apply for the warrant.
6
The third condition is that—
a
the premises are unoccupied or the occupier appears to be 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
the object of entering would be defeated if the occupier were requested to allow entry or informed of an intention to apply for a warrant.
7
A warrant issued under this section must be executed at a reasonable hour unless the inspector thinks the case is one of urgency.
8
A warrant issued under this section remains in force for one month starting with the date of its grant.
62IF26Entry and warrants: supplementary
1
This section applies to an inspector who enters any premises by virtue of a power conferred on the inspector by or under this Act or under a warrant under section 62H.
2
The inspector may take on to the premises—
a
such other persons as the inspector thinks necessary to give the inspector such assistance as the inspector thinks necessary;
b
such equipment as the inspector thinks necessary.
3
The inspector may require any person on the premises who falls within subsection (4) to give the inspector such assistance as the inspector may reasonably require.
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 62H the inspector must at the time of entry—
a
serve a copy of the warrant on the occupier of the premises; or
b
if the occupier is not on the premises, leave a copy of the warrant in a conspicuous place on the premises.
6
If the inspector enters any unoccupied premises the inspector must leave them as effectively secured against entry as the inspector found them.
C19C26C32C38C45C59C52C72C66C8263 General powers of inspectors.
1
An inspector has—
a
for the purposes of this Act, but
b
with the exception of the powers conferred by sections 61 and 62 above,
all the powers which a constable has, under this Act or otherwise, in the place where the inspector is acting.
2
An inspector may at any time enter any land or shed to which this Act applies, or other building or place where he has reasonable grounds for supposing—
a
that disease exists or has within 56 days existed; or
b
that the carcase of a diseased or suspected animal is or has been kept, or has been buried, destroyed, or otherwise disposed of; or
F28ba
that the carcase of an animal, bird or amphibian slaughtered by virtue of section 16B, Part 2B or Schedule 3A is or has been kept, or has been buried, destroyed, or otherwise disposed of; or
c
that there is to be found any pen, place, vehicle, or thing in respect of which any person has on any occasion failed to comply with the provisions of this Act, or of an order of the Minister,F29 or of a regulation of the Scottish Ministers under this Act, or of a regulation of a local authority; or
d
that this Act or an order of the MinisterF30 or a regulation of the Scottish Ministers under this Act or a regulation of a local authority has not been or is not being complied with.
3
An inspector may at any time enter any pen, vehicle, vessel, boat or aircraft in which or F9in respect of which he has reasonable grounds for supposing that this Act or an order of the MinisterF31 or a regulation of the Scottish Ministers under this Act 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 animalF32 , bird or amphibian 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.
F337A
In subsection (7)—
“ animal ” means any kind of mammal (except man);
“disease” is not restricted by its definition in this Act.
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, F10enter 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.
F3410
An inspector acting under this section must, if required, produce evidence of the inspector's authority.
C42C53C60C67C73C8364 Powers of inspectors as to poultry.
1
An inspector of the Ministry and, if so authorised by an order of the Minister, an inspector of a local authority, may at any time enter any pen, shed, land or other place in which he has reasonable grounds for supposing that poultry are or have been kept, for the purpose of ascertaining whether disease exists or has existed in or on them.
2
For the purpose of enforcing any order for protecting poultry from unnecessary suffering, an inspector may examine—
a
poultry in any circumstances to which the order relates, and
b
any receptacle or vehicle used for their conveyance or exposure for sale,
and he may enter any premises, vessel or aircraft in which he has reasonable ground for supposing that there are poultry—
i
exposed for sale; or
ii
in course of conveyance; or
iii
packed for conveyance or exposure for sale.
F353
An inspector acting under this section must, if required, produce evidence of the inspector's authority.
C20C33C27C39C46C61C54C74C68C84 64A F11 Powers of inspectors relating to F38F40assimilated law
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,
b
carry out such inspections (including inspection of documents) as may be necessary for that purpose.
65 Power to detain vessels and aircraft.
C21C34C28C40C47C62C55C75C69C851
Where an inspector of the Minister is satisfied that this Act or an order of the MinisterF36 or a regulation of the Scottish Ministers under this Act or a regulation of a local authority has not been or is not being complied with on board a vessel in port, then, on the inspector’s representation in writing to that effect, stating particulars of non-compliance, the vessel may be detained until the appropriate Minister otherwise directs.
C21C34C28C40C47C62C55C75C69C852
The officer detaining the vessel shall forthwith deliver to the master or person in charge of the vessel a copy of the representation.
C21C34C28C40C47C62C55C75C69C853
Section F12284 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 F131995 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.
C22C29C37C48C76C70 65A F14 Inspection of vehicles
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.
65BF27Inspection of vehicles: Scotland
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 under this Act;
c
a regulation of a local authority made in pursuance of such an order;
d
regulations made by the Scottish Ministers under this Act.
2
The conditions are—
a
that the vehicle is in an infected place or area;
b
that the inspector is accompanied by a constable in uniform.
3
In this section, a “vehicle” includes—
a
a trailer, a 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.
C8C10C12C7C9C6C14C18C16C24C31C36C43C49C63C56C79C77C86C87C8866 Refusal and obstruction.
A person is guilty of an offence against this Act who, without lawful authority or excuse, proof of which shall lie on him—
a
refuses to an inspector or other officer, acting in execution of this Act, or of an order of the Minister,F37 or of regulations made by the Scottish Ministers under this Act, or of a regulation of a local authority, admission to any land, building, place, pen, vessel, boat, aircraft or vehicle of any other description which the inspector or officer is entitled to enter or examine; or
b
obstructs or impedes him in so entering or examining; or
c
otherwise in any respect obstructs or impedes an inspector or constable or other officer in the execution of his duty, or assists in any such obstructing or impeding.
C50C57C64C78C80 66A F15 Refusal and obstruction of inspector
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.