The Trade in Animals and Related Products Regulations (Northern Ireland) 2011

Enforcement N.I.

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

(a) in relation to animals and genetic material by the Department; and

(b) in relation to products by the Department or the district council as the case may be.

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

(a) the Department;

(b) otherwise by the district council in its district.

(3) Outside a border inspection post, in relation to genetic material they are enforced by the Department.

(4) 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 Department); or

(b) by the Agency at—

(i) any cutting plant, game-handling establishment or slaughterhouse, or

(ii) premises at which the Agency enforces the Food Hygiene Regulations (Northern Ireland) 2006(1).

(5) In addition, in relation to products they are enforced by a general customs official in any place where goods are subject to customs supervision by that official [F1 under Articles 134 and 135 of Council Regulation (EU) No 952/2013 laying down the Union Customs Code, as last amended by Regulation (EU) 2016/2339].

(6) The Department may direct, in relation to cases of a particular description or a particular case, that the Department of Agriculture and Rural Development may discharge any duty imposed on a district council under this regulation.

[F2 (7) Where an authorised officer, when exercising any statutory function, discovers at any place other than a border inspection post a consignment or product that the officer considers may have been brought in breach of regulation 13, the officer shall detain or seize the consignment or product, or cause the consignment or product to be detained or seized, pending investigation, and any costs incurred shall be at the expense of the person responsible for the consignment or product.]

(8) In cases where an officer of a district council who is not an authorised officer for the purposes of these Regulations, when exercising any statutory function, discovers at any place other than a F3 ... border inspection post, a consignment or product—

(a) in relation to which the officer considers these Regulations may not have been complied with; or

(b) that the officer considers is from a third country and may present a risk to animal or public health,

the officer shall notify an authorised officer and detain the consignment or product until an authorised officer takes charge of it [F4 and any costs incurred shall be at the expense of the person responsible for the consignment or product.]

Textual Amendments

F1 Words in reg. 32(5) substituted (11.4.2019) by The Animal Health and Welfare (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/82), reg. 1, Sch. 5 para. 24

F2 Reg. 32(7) substituted (31.7.2014) by The Trade in Animals and Related Products (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/196), regs. 1, 3(7)

F3 Words in reg. 32(8) omitted (31.7.2014) by virtue of The Trade in Animals and Related Products (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/196), regs. 1, 3(8)(a)

F4 Words in reg. 32(8) inserted (31.7.2014) by The Trade in Animals and Related Products (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/196), regs. 1, 3(8)(b)

Commencement Information

I1 Reg. 32 in operation at 1.1.2012, see reg. 1

(1)

S. R. 2006 No. 3 as amended