PART 16Enforcement
Application of sampling procedure to substance or article seized under this Part329
1
This regulation applies where an inspector seizes a substance or article under regulation 327 (powers of inspection, sampling and seizure).
2
On request in accordance with paragraph (3), the inspector must either—
a
set aside a sample of the substance or article seized; or
b
treat the substance or article as a sample,
whichever seems more appropriate having regard to the nature of the substance or article.
3
A request is made in accordance with this paragraph if—
a
it is made by a person (“P”) who is entitled to be informed of the seizure under regulation 328; and
b
it is made either at the time of the seizure or within the period of 21 days beginning with the day immediately after the day on which P is informed of the seizure.
4
An inspector is not required by paragraph (2) to set aside a sample, or to treat a substance or article as a sample, if the nature of the substance or article is such that it is not reasonably practicable to do either of those things.
5
An inspector must—
a
divide a sample under paragraph (2) into three parts;
b
mark each part;
c
seal or fasten each part; and
d
supply one part to P.
6
Paragraphs 10 to 12 and 15 to 26 of Schedule 31 apply to a sample under this regulation as they apply to a sample obtained as mentioned in paragraph 1 of that Schedule, but as if—
a
references to the preceding provisions of that Schedule were references to the preceding provisions of this regulation;
b
references to a sampling officer were references to an inspector who seized a substance or article under regulation 327 (powers of inspection, sampling and seizure); and
c
a reference to the relevant enforcement authority were a reference to the authority by which the inspector is authorised.