The Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) Regulations 2002 (revoked)

PART II U.K. PROVISIONS AS TO ENFORCEMENT

Obstruction of authorised officers and false statements U.K.

4.—(1) A person shall not—

(a) intentionally obstruct a duly authorised officer of an enforcement authority acting in pursuance of any provision of these Regulations; or

(b) intentionally fail to comply with any requirement properly made to him by such an officer under any provision of these Regulations; or

(c) without reasonable cause fail to give any such officer of an enforcement authority who is so acting any other assistance or information which he may reasonably require of him for the purposes of the exercise of the officer’s functions under any provision of these Regulations.

(2) A person shall not, in giving any information which is required of him by virtue of sub-paragraph (1)(c)—

(a) make any statement which he knows is false in a material particular, or

(b) recklessly make a statement which is false in a material particular.

Suspension notices U.K.

5.—(1) Where an enforcement authority has reasonable grounds for suspecting that regulation 4 has been, or is likely to be, contravened, the authority may serve a notice in writing (“a suspension notice”) prohibiting the person on whom it is served, for such period ending not more than six months on or after the date of the notice as is specified therein, from entering into service for the first time a relevant engine [F1 or a tractor fitted with a relevant engine], without the consent of the enforcement authority.

(2) A suspension notice serviced by an enforcement authority in respect of a relevant engine [F2 or a tractor fitted with a relevant engine] shall—

[F3 (a) describe either—

(i) the engine to which the notice relates and any tractor in which it is installed in a manner sufficient to identify it, or

(ii) the tractor to which the notice relates in a manner sufficient to identify it;]

(b) set out the grounds on which the authority suspects that regulation 4 has been, or is likely to be, contravened; and

(c) state that, and the manner in which, the person on whom the notice is served may appeal against the notice under paragraph 6.

(3) A consent given by an enforcement authority for the purposes of sub-paragraph (1), may impose such conditions on the doing of anything for which the consent is required as the authority considers appropriate.

(4) A suspension notice may require the person on whom it is served to keep the enforcement authority which served the notice informed of the whereabouts throughout the period during which the notice has effect, of any relevant engine, or any agricultural or forestry tractor in which it is installed, in which that person has an interest.

[F4 (5) Where a suspension notice has been served on any person in respect of an engine or a tractor, no further suspension notice shall be served on that person in respect of the same engine or tractor, unless proceedings against that person for an offence under paragraph (1)(1)(a) are pending at the end of the period specified in the first-mentioned notice.]

Textual Amendments

F1 Words in Sch. 2 para. 5(1) inserted (12.10.2006) by The Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2006 (S.I. 2006/2393), regs. 1, 7(3)

F2 Words in Sch. 2 para. 5(2) inserted (12.10.2006) by The Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2006 (S.I. 2006/2393), regs. 1, 7(4)

F3 Sch. 2 para. 5(2)(a) substituted (12.10.2006) by The Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2006 (S.I. 2006/2393), regs. 1, 7(5)

F4 Sch. 2 para. 5(5) substituted (12.10.2006) by The Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2006 (S.I. 2006/2393), regs. 1, 7(6)

Appeals against suspension notices U.K.

6.—(1) Any person having an interest in a relevant engine, or agricultural or forestry tractor, in respect of which a suspension notice is for the time being in force may apply for an order setting aside the notice.

(2) An application under sub-paragraph (1) may be made—

(a) in England and Wales, or Northern Ireland, to any magistrates’ court in which proceedings have been brought for an offence under paragraph 1(1)(a); or

(b) where no such proceedings have been so brought, by way of complaint to a magistrates’ court; or

(c) in Scotland, by summary application to the sheriff.

(3) On an application under sub-paragraph (1) to a magistrates’ court in England and Wales, or Northern Ireland, the court shall make an order setting aside the suspension notice, only if the court is satisfied that there has been no contravention in relation to the relevant engine or tractor of regulation 4.

(4) On an application under sub-paragraph (1) to the sheriff, he shall make an order setting aside the suspension notice only if he is satisfied that at the date of making the order proceedings for an offence under paragraph 1(1)(a) have not been brought or, having been brought, have been concluded.

(5) Any person aggrieved by an order made under sub-paragraph (3) by a magistrates’ court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision—

(a) in England and Wales, to the Crown Court;

(b) in Northern Ireland, to the county court;

and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates’ Courts Act 1980 M1 or Article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981 (statement of case)) M2 .

Marginal Citations

M1 1980 c. 43.

M2 S.I. 1981/1675 (N.I. 26).

Power to make test purchases U.K.

7.—(1) An enforcement authority shall have power, for the purpose of ascertaining whether regulation 4 has been contravened, to make any purchase of a relevant engine or an agricultural or forestry tractor in which a relevant engine is installed.

[F5 (2) Where—

(a) a relevant engine, or agricultural or forestry tractor, purchased under this paragraph by or on behalf of an enforcement authority is submitted to a test; and

(b) the test leads to

(i) the bringing of proceedings for an offence under paragraph 1(1)(a) in relation to a relevant engine or a tractor fitted with a relevant engine; or

(ii) the serving of a suspension notice in respect of a relevant engine or a tractor fitted with a relevant engine, and

(c) the authority is requested to do so and it is practicable for the authority to comply with the request,

the authority shall allow the person from whom the goods were purchased or any person who is a party to the proceedings or who has an interest in any relevant engine, or tractor fitted with a relevant engine, to which the notice relates, to have the engine tested.]

Textual Amendments

F5 Sch. 2 para. 7(2) substituted (12.10.2006) by The Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2006 (S.I. 2006/2393), regs. 1, 7(7)

Power of search etc. U.K.

8.—(1) A duly authorised officer of an enforcement authority on—

(a) identifying himself and producing authority in writing from the enforcement authority which appointed him for the exercise by him of powers conferred on the authority by these Regulations, and

(b) stating the purpose of his actions and his grounds for undertaking them,

has available to him, at all reasonable hours, the powers set out in sub-paragraph (2).

(2) The powers referred to in sub-paragraph (1) are—

(a) for the purpose of ascertaining whether an offence under these Regulations has been committed, inspection of any relevant engine, or agricultural and forestry tractor, and entering into any premises other than premises used only as a dwelling;

(b) examine any procedure (including any arrangements for carrying out a test) connected with the manufacture of any relevant engine or agricultural or forestry tractor;

(c) if there are reasonable grounds for suspecting that an offence under these Regulations has been committed, and for the purpose of ascertaining whether it has been committed, requiring any person carrying on, or employed in connection with a business, to produce any records relating to the business and taking copies of, or of any entry in, the records;

(d) if there are reasonable grounds for suspecting that an offence under these Regulations has been committed, seizure and detention of any relevant engine, or agricultural or forestry tractor, for the purpose of ascertaining, by testing or otherwise, whether the offence has been committed.

(3) For the purposes of sub-paragraph (2), the officer may require information stored electronically to be made available to him in printed form.

(4) If a justice of the peace is satisfied by any written information on oath—

(a) that there are reasonable grounds for believing either—

(i) that a relevant engine, or agricultural or forestry tractor, or records, which a duly authorised officer has the power under this paragraph to inspect, copy, seize or require to be produced, are on any premises and that their inspection, copying, seizure or production is likely to disclose evidence of the commission of an offence under these Regulations; or

(ii) that any offence under these Regulations has been, is being, or is about to be committed on any premises; and

(b) either—

(i) that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under this sub-paragraph has been given to the occupier; or

(ii) that an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the premises are unoccupied, or that the occupier is temporarily absent and it might defeat the object of the entry to await his return,

the justice may by warrant under his hand, which shall continue in force for a period of one month, authorise any officer of an enforcement authority to enter the premises, if need be by force.

(5) An officer entering any premises by virtue of this paragraph, may take with him such other persons and such equipment as may appear to him necessary; and on leaving any premises which he has entered by virtue of a warrant he shall, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against trespassers as he found them.

(6) An officer exercising any power of seizure and detention under this paragraph shall as soon as practicable give to the person against whom the power has been exercised, a written notice—

(a) stating precisely what has been so seized and detained; and

(b) explaining where, within what period and on what grounds an appeal against such detention may be brought under paragraph 10 (appeals against detention), and whether the things detained would be released while an appeal was pending.

(7) A person who is not a duly authorised officer of an enforcement authority shall not purport to act as such under this paragraph.

(8) In the application of this paragraph to Scotland, the reference in sub-paragraph (4) to a justice of the peace shall include a reference to a sheriff, and the references to written information on oath shall be construed as references to evidence on oath.

(9) In the application of this paragraph to Northern Ireland, the references in sub-paragraph (4) to any information on oath shall be construed as references to any complaint on oath.

Powers of customs officers to detain goods U.K.

9.— [F6 (1) A customs officer may, for the purpose of facilitating the exercise by an enforcement authority, or duly authorised officer of such an authority, of any powers conferred on the authority or officer by these Regulations seize any imported relevant engine or any imported agricultural tractor in which a relevant engine is installed or any records, and detain them for not more than two working days.]

(2) Anything seized and detained under this paragraph shall be dealt with during the period of its detention in such manner as the Commissioners of Customs and Excise may direct.

(3) A customs officer seizing any engine, tractor or records under this paragraph shall inform the person from whom they are seized that such engine, tractor or records have been seized.

(4) In sub-paragraph (1) the reference to two working days is a reference to a period of forty-eight hours calculated from the time when the goods in question are seized, but disregarding so much of any period as falls on a Saturday or Sunday or on Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 M3 in the part of the United Kingdom where the goods are seized.

(5) In this paragraph “customs officer” means any officer within the meaning of the Customs and Excise Management Act 1979 M4 .

Textual Amendments

F6 Sch. 2 para. 9(1) substituted (12.10.2006) by The Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2006 (S.I. 2006/2393), regs. 1, 7(8)

Marginal Citations

M3 1971 c. 80.

M4 1979 c. 2.

Appeal against detention of goods U.K.

10.—(1) Any person having an interest in a relevant engine, or agricultural or forestry tractor, which are for time being detained under paragraph 8 by an enforcement authority, or by a duly authorised officer, may apply for an order requiring the relevant engine, or agricultural or forestry tractor, or records, as the case may be to be released to him or to another person.

(2) An application under this paragraph may be made—

(a) to any magistrates’ court in which proceedings have been brought in England and Wales or Northern Ireland for an offence in respect of a contravention of any provision of these Regulations; or

(b) where no such proceedings have been so brought, by way of complaint to a magistrates’ court; or

(c) in Scotland, by summary application to the sheriff.

(3) A magistrates’ court or the sheriff shall not make an order under sub-paragraph (1) unless the court or sheriff is satisfied—

(a) that proceedings have not been brought for an offence in respect of a contravention of any provision of these Regulations in relation to a relevant engine, or agricultural or forestry tractor, or records, or having been brought, has been concluded; and

(b) where no such proceedings have been brought, that more than six months have elapsed since the seizure was carried out.

(4) Any person aggrieved by an order made under sub-paragraph (3) by a magistrates’ court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision—

(a) in England and Wales, to the Crown Court;

(b) in Northern Ireland, to the county court;

and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates’ Court Act 1980 or Article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981 (statement of case)).

Compensation for seizure and detention U.K.

11.—(1) Where a duly authorised officer of an enforcement authority exercises any power under paragraph 8 seize and detain a relevant engine, or agricultural and forestry tractor, or records, the enforcement authority shall be liable to pay compensation to any person having an interest in a relevant engine, agricultural or forestry tractor or records in respect of any loss or damage caused by reason of the exercise of the power if—

(a) there has been no contravention of any provision of these Regulations; and

(b) the exercise of the power is not attributable to any neglect or default by that person.

(2) Any disputed question as to the right to or the amount of any compensation payable under this paragraph, shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.

Recovery of the expenses of enforcement U.K.

12.—(1) This paragraph shall apply where a court convicts a person of an offence in respect of a contravention of any provision of these Regulations.

(2) The court may (in addition to any other order it may make as to costs or expenses) order the person convicted to reimburse an enforcement authority for any expenditure which has been or may be incurred by that authority in connection with any seizure or detention by or on behalf of the authority of a relevant engine, or agricultural or forestry tractor, or records by or on behalf of the authority.

Power of the Commissioners of Customs and Excise to disclose information U.K.

13.—(1) If they think it appropriate to do so for the purpose of facilitating the exercise by any person to whom sub-paragraph (2) applies of any functions conferred on that person by any provisions of these Regulations, the Commissioners of Customs and Excise may authorise the disclosure to that person of any information obtained for the purposes of the exercise by the Commissioners of their functions in relation to imported goods.

(2) This sub-paragraph applies to an enforcement authority and to any officer of an enforcement authority.

(3) A disclosure of information made to any person under sub-paragraph (1) above shall be made in such manner as may be directed by the Commissioners of Customs and Excise and may be made through such persons acting on behalf of that person as may be so directed.

(4) Information may be disclosed to a person under sub-paragraph (1) whether or not the disclosure of the information has been requested by or on behalf of that person.

Service of documents etc. U.K.

14.—(1) Any document required or authorised by virtue of these Regulations to be served on a person may be so served—

(a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address; or

(b) if the person is a body corporate, by serving it in accordance with sub-paragraph (a) above on the secretary or clerk of that body; or

(c) if the person is a partnership, by serving it in accordance with that sub-paragraph on a partner or on a person having control or management of the partnership business.

(2) For the purposes of sub-paragraph (1), and for the purposes of section 7 of the Interpretation Act 1978 M5 (which relates to the service of documents by post) in its application to that paragraph, the proper address of any person on whom a document is to be served by virtue of these Regulations shall be his last known address except that—

(a) in the case of service of body corporate or its secretary or clerk, it shall be the address of the registered or principal office of the body corporate;

(b) in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the principal office of the partnership;

and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

Marginal Citations

M5 1978 c. 30.

Savings for certain privileges U.K.

• 15.  Nothing in these Regulations shall be taken as requiring any person—

  (a)

  to produce any records if he would be entitled to refuse to produce those records in any proceedings in any court on the grounds that they are the subject of legal professional privilege or, in Scotland, that they contain a confidential communication made by or to an advocate or solicitor in that capacity, or as authorising any person to take possession of any records which are in the possession of a person who would be so entitled; or

  (b)

  to answer any question or give any information if to do so would incriminate that person or that person’s spouse.