The Trade in Animals and Related Products Regulations 2011

Enforcement U.K.

32.—(1) At a border inspection post these Regulations are enforced—

(a) in relation to animals by the Secretary of State [F1 other than at the Heathrow Airport border control post in cases where, in relation to animals, these Regulations are jointly enforced by the Secretary of State and the Common Council of the City of London]; and

(b) in relation to products by the district council.

(2) Outside a border [F2 control post, in relation to animals (other than in relation to aquatic animals)] they are enforced by—

(a) in all London boroughs, the Common Council of the City of London [F3 where the Council is acting as a local authority or a port health authority];

(b) otherwise by the county council.

[F4 (2A) Outside a border control post, official controls in relation to aquatic animals are enforced by the Secretary of State.]

(3) Outside a border inspection post, in relation to products they are enforced by—

(a) the district council (except in relation to animal feed, where it is the county council); or

(b) by the Food Standards Agency at any cutting plant, game-handling establishment or slaughterhouse, or premises at which the Agency enforces [F5 the Food Safety and Hygiene (England) Regulations 2013].

(4) In addition, in relation to products they are enforced by a general customs official in any place (other than the inspection facilities in a border inspection post) where goods are subject to customs supervision by that official under [F6 the Taxation (Cross-border Trade) Act 2018].

(5) The Secretary of State may direct, in relation to cases of a particular description or a particular case, that the Secretary of State may discharge any duty imposed on a local authority under this regulation.

[F7 (5A) For the purposes of paragraph (1)(a) or where the Secretary of State makes a direction under paragraph (5), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.] 

[F8 (6) Where a customs officer exercising a statutory function at any place under customs supervision discovers any animal or product suspected of being non-compliant, that officer must detain it and notify such detention to an authorised officer of the relevant enforcement authority.]

Textual Amendments

F1 Words in reg. 32(1)(a) inserted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 26(25)(a)

F2 Words in reg. 32(2) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 26(25)(b)(i)

F3 Words in reg. 32(2)(a) inserted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 26(25)(b)(ii)

F4 Reg. 32(2A) inserted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 26(25)(c)

F5 Words in reg. 32(3)(b) substituted (31.12.2013) by The Food Safety and Hygiene (England) Regulations 2013 (S.I. 2013/2996), regs. 1(1)(c), 39 (with reg. 1(2))

F6 Words in reg. 32(4) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 23

F7 Reg. 32(5A) inserted (24.12.2012) by The Agriculture, Animals, Environment and Food etc. (Miscellaneous Amendments) Order 2012 (S.I. 2012/2897), arts. 1(1), 41

F8 Reg. 32(6) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 26(25)(e)