4.—(1) Subject to paragraphs (2) to (4), section 1 of the Act and this Part are to be enforced by local authorities.
(2) The Secretary of State may—
(a)direct, in cases of a particular description or in a particular case, that responsibility for enforcing section 1 of the Act and this Part in relation to England may be discharged by the Secretary of State;
(b)delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 1 of the Act or these Regulations.
(3) The Welsh Ministers may direct, in cases of a particular description or in a particular case, that responsibility for enforcing section 1 of the Act and this Part in relation to Wales may be discharged by the Welsh Ministers.
(4) The Scottish Ministers may direct, in cases of a particular description or in a particular case, that responsibility for enforcing section 1 of the Act and this Part in relation to Scotland may be discharged by the Scottish Ministers.
(5) Where a direction is given under paragraph (2), (3) or (4) in relation to cases of a particular description, the direction may specify that local authorities are not to be responsible for the enforcement of cases of that description and the period over which they will not be so responsible.
(6) A person exercising functions under paragraphs (1) to (4) is an “enforcement authority” for the purposes of these Regulations.
5.—(1) If an inspector considers relevant livestock are being exported, or are to be exported, from Great Britain in contravention of section 1 of the Act, the inspector may serve a hold notice on the person appearing to the inspector to be in charge of the relevant livestock.
(2) A hold notice is a notice in writing—
(a)prohibiting the export of the relevant livestock, either indefinitely or for a certain period; or
(b)requiring such other steps to be taken as the inspector considers necessary for the purposes of ensuring that the relevant livestock are not exported in contravention of the Act.
(3) A hold notice may in particular—
(a)require the relevant livestock to be returned to their place of departure via the most direct route; or
(b)require the relevant livestock to be unloaded and held in suitable accommodation with appropriate care until suitable alternative arrangements are made.
(4) An inspector must give reasons for a hold notice.
(5) An inspector may at any time amend, suspend or withdraw a hold notice by a further notice in writing.
(6) Where it is necessary for identification purposes, an inspector may mark an animal.
(7) Where a person fails to comply with a hold notice, an inspector may arrange for such steps to be taken as the inspector considers necessary to ensure that the hold notice is complied with.
(8) The person in default of a hold notice must re-imburse any reasonable expenses incurred by the enforcement authority in the taking of such steps, and any such debt is recoverable as a civil debt.
(9) A hold notice must be complied with at the expense of the person on whom it is served, except where otherwise provided in that notice.
(10) It is an offence to fail to comply with a hold notice.
(11) In this regulation “place of departure” has the same meaning as it has in Article 2(r) of Council Regulation (EC) No 1/2005.
6. An inspector must withdraw a hold notice where any further evidence is provided to an inspector and the inspector is satisfied on the basis of that evidence that the relevant livestock are being exported from Great Britain in compliance with section 1 of the Act.
7.—(1) The appropriate authority may suspend or revoke an approval, authorisation or certificate which it has issued if satisfied that any provision in the Act or these Regulations has not been complied with.
(2) The power in paragraph (1) may only be exercised by service of a notice on the person to whom the approval, authorisation or certificate relates.
(3) The notice must—
(a)give reasons;
(b)state when it comes into effect and, in the case of a suspension, state on what date or event it is to cease to have effect; and
(c)give details of the right to make representations to the appropriate authority under Schedule 1.
8. Schedule 1 (representations and appeals) has effect.
9.—(1) An inspector may at any reasonable time enter and inspect any premises (other than premises used wholly or mainly as a private dwelling) if there are reasonable grounds for suspecting that—
(a)an offence under section 1 of the Act or under these Regulations is being, has been, or is about to be committed on the premises; or
(b)there is evidence on the premises of the commission of an offence under section 1 of the Act or these Regulations.
(2) An inspector may only—
(a)use reasonable force to enter premises; or
(b)enter premises used wholly or mainly as a private dwelling,
if a justice of the peace (in England and Wales) or sheriff (in Scotland) has issued a warrant authorising an inspector to enter, search and inspect the premises.
(3) A justice of the peace or sheriff (as the case may be) may only issue such a warrant if satisfied, upon an application by an inspector, on sworn information in writing—
(a)that there are reasonable grounds for suspecting that—
(i)an offence under section 1 of the Act or under these Regulations is being, has been, or is about to be committed on the premises; or
(ii)there is evidence on the premises of the commission of an offence under section 1 of the Act or these Regulations; and
(b)any of the conditions in paragraph (4) are met.
(4) The conditions are—
(a)entry to the premises has been, or is likely to be, refused unless a warrant is produced, and notice of the intention to apply for a warrant has been given to the occupier;
(b)asking for admission to the premises, or giving such a notice, would defeat the object of the entry;
(c)entry is required urgently; or
(d)the premises are unoccupied or the occupier is temporarily absent.
(5) A warrant under this regulation is valid for 3 months.
(6) An inspector must, if requested to do so, produce a duly authenticated document showing the inspector’s authority before entering any premises under this regulation.
(7) An inspector exercising a power of entry under paragraph (1) or (2) may—
(a)be accompanied by such persons as the inspector considers necessary;
(b)bring onto the premises such equipment, vehicle or materials as the inspector considers necessary.
(8) A person accompanying an inspector under paragraph (7)(a) may—
(a)remain on the premises and from time to time re-enter the premises without an inspector;
(b)bring onto the premises any equipment, vehicle or materials that person considers necessary; and
(c)carry out work on the premises in a manner directed by the inspector.
10.—(1) An inspector exercising a power of entry under regulation 9 may—
(a)search the premises for any item, including any relevant livestock;
(b)examine, measure or test anything, including any relevant livestock found on the premises;
(c)question any person on the premises;
(d)require any person on the premises to give the inspector such assistance as the inspector may reasonably require;
(e)take a sample (including a sample from any relevant livestock);
(f)mark any relevant livestock found on the premises for identification purposes;
(g)take a photograph or video anything, including any relevant livestock found on the premises, which the inspector reasonably believes to be evidence of the commission of an offence under these Regulations or under section 1 of the Act;
(h)require any person on the premises to produce any document or record (in whatever form it is held) that is in the person’s possession or control;
(i)take copies or extracts from any document or record found on the premises (in whatever form it is held);
(j)require information which is stored in an electronic form and is accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible (or from which it can readily be produced in a visible and legible form);
(k)subject to subparagraph (l), seize and detain anything, other than an animal, that is found on the premises and which the inspector reasonably believes to be evidence of the commission of an offence under these Regulations or under section 1 of the Act;
(l)in the case of non-compliance with a hold notice issued under regulation 5(1), seize and detain any relevant livestock for the purposes of ensuring compliance with the notice.
(2) An inspector must as soon as reasonably practicable provide to the person appearing to be responsible for any items that the inspector seizes under paragraph (1)(k) or (l) a written receipt identifying those items.
(3) Where an inspector has seized or detained an item under paragraph (1)(k) and—
(a)it is subsequently decided that—
(i)no court proceedings are to be brought; or
(ii)the item is no longer needed as evidence in court proceedings; or
(b)the court proceedings are completed and no order in relation to the item has been made by the court,
an inspector must return the item as soon as reasonably practicable.
(4) Where in the case of relevant livestock seized and detained under paragraph (1)(l) it is decided by the inspector that the requirements of the hold notice have been met, the relevant livestock must as soon as reasonably practicable be returned to their owner, or where relevant the person in charge of them.
(5) Where the return of any animal under paragraph (4) is not possible until it is fit to be transported, the animal must be held in suitable accommodation with appropriate care until suitable alternative arrangements for the animal’s return are made.
(6) Any expenses incurred under paragraph (5) are payable, unless otherwise provided, by the owner of the animal or by the person on whom the hold notice was served.
11.—(1) A person engaged in the export from Great Britain of relevant livestock must keep all records that the person produces or holds in respect of the export.
(2) For the purposes of paragraph (1), a record in respect of the export of relevant livestock from Great Britain includes—
(a)the journey log or any other documentation retained for the purposes of that export under Article 4 of Council Regulation (EC) No 1/2005;
(b)any information from the navigation system referred to in point 4.1 of Chapter 6 of Annex 1 to Council Regulation (EC) No 1/2005; and
(c)the export health certificate for that export.
(3) A person who is required by this regulation to keep a record must retain it for a period of three years from the date the journey is completed.
(4) It is an offence to fail to comply with paragraph (3).
(5) It is a defence for a person charged with an offence under paragraph (4) to show that it was not practicable to keep such a record.
12.—(1) For the purposes of investigating whether an offence under section 1 of the Act or under these Regulations is being, has been, or is about to be committed, an inspector may—
(a)require any person to produce any record that is in that person’s possession or control and which appears to the inspector to be relevant to the investigation;
(b)make copies of such records or require copies of such records to be made; or
(c)take possession of such records which the inspector reasonably believes to be evidence of the commission of an offence under section 1 of the Act or these Regulations.
(2) An inspector must as soon as reasonably practicable provide to the person appearing to be responsible for any records that the inspector takes possession of under paragraph (1)(c) a written receipt identifying those records.
(3) Where an inspector takes possession of records under paragraph (1)(c) and––
(a)it is subsequently decided that—
(i)no court proceedings are to be brought; or
(ii)the records are no longer needed as evidence in court proceedings; or
(b)the court proceedings are completed and no order in relation to the records has been made by the court,
an inspector must return the records as soon as reasonably practicable.
13. It is an offence—
(a)intentionally to obstruct any person acting in the execution of these Regulations;
(b)to fail without reasonable cause to give to such person any assistance or information which that person may reasonably require for the purposes of that person’s functions under these Regulations; or
(c)knowingly or recklessly to give false or misleading information to such person.
14.—(1) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—
(a)any director, manager, secretary or other similar officer of the body corporate, or
(b)any person who was purporting to act in any such capacity,
that person, as well as the body corporate, is guilty of the offence and is liable to be proceeded against and punished accordingly.
(2) In paragraph (1)—
“director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate;
“body corporate” includes a partnership in Scotland and, in relation to such a partnership, a reference to an officer of a body corporate is a reference to a partner.
15. A person who is guilty of an offence under these Regulations is liable—
(a)on summary conviction in England and Wales, to a fine;
(b)on summary conviction in Scotland, to a fine not exceeding level 5 on the standard scale.
16. A local authority may prosecute any offence under these Regulations.
17.—(1) Notwithstanding section 127(1) of the Magistrates’ Courts Act 1980(1), a magistrates court may try an information relating to an offence under section 1 of the Act or these Regulations if the information is laid at any time—
(a)within the period of three years beginning with the date of the commission of the offence; and
(b)within the period of six months beginning with the date on which evidence which the prosecutor thinks is sufficient to justify the proceedings comes to the prosecutor’s knowledge.
(2) A certificate by the prosecutor as to the date on which such evidence came to the prosecutor’s knowledge is conclusive evidence of that fact.
18.—(1) This regulation applies to proceedings in Scotland for an offence under these Regulations.
(2) Proceedings may be brought within the period of six months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to the prosecutor’s knowledge.
(3) Proceedings must not be brought more than three years after—
(a)the commission of the offence; or
(b)in the case of an offence involving continuous contravention, the last date on which the offence was committed.
(4) It is competent in a prosecution of an offence in Scotland involving a continuous contravention to include the entire period during which the contravention occurred.
(5) For the purposes of this regulation, proceedings are deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted provided that the warrant is executed without undue delay.
(6) A certificate stating the date on which evidence came into a prosecutor’s knowledge is—
(a)if signed by or on behalf of the prosecutor, conclusive evidence of that fact; and
(b)if purported to be so signed, to be treated as being so signed unless the contrary is proved.
19.—(1) The Commissioners for His Majesty’s Revenue and Customs may disclose any information in their possession to an enforcement authority for the purposes of enabling the enforcement authority to carry out any function conferred on it under or by virtue of these Regulations or the Act.
(2) Nothing in paragraph (1) affects any other power or requirement of the Commissioners to disclose information.
(3) No person, including a servant of the Crown, may disclose any information received from the Commissioners under paragraph (1) if—
(a)the information relates to a person whose identity is specified in the disclosure or can be deduced from the disclosure;
(b)the disclosure is not for a purpose specified in paragraph (1); and
(c)the Commissioners have not given their prior consent to the disclosure.
(4) A person who breaches paragraph (3) is guilty of an offence.
(5) It is a defence for a person charged with an offence under paragraph (4) to prove that that person reasonably believed that—
(a)the disclosure was lawful; or
(b)the information had already and lawfully been made available to the public.