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The New Forest (Confirmation of the Byelaws of the Verderers of the New Forest) Order 2003
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- UK Statutory Instruments
- 2003 No. 3298
- SCHEDULE
- Paragraph 21
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21.—(1) If it appears to the Verderers that a breach of any of byelaws 4, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 of these byelaws has occurred in relation to any horse, cattle, sheep or pig in the Forest, they may serve a notice on the owner or other person who appears to them to be responsible for the breach specifying the breach and requiring him to remove the animal from the Forest forthwith or by such later time as the notice may specify.
(2) If the person on whom any such notice or any notice pursuant to byelaws 11 and 19 is served fails to comply with the terms whereof within the time therein specified or any person fails to comply with a notice issued under byelaw 11(1)(c) then, without prejudice to any proceedings for an offence against any of these byelaws, the Verderers may remove from the Forest and (if the Verderers think fit) impound any animal to which the notice relates or in the case of a dead animal dispose of the carcass.
(3) If the Verderers so require, a person served with a notice pursuant to byelaw 11 shall allow any animal specified in the notice to be marked with a distinctive mark before its removal from the Forest, such mark being additional to the mark required by byelaw 6 or 7.
(4) Where a notice served under paragraph (1) above or under byelaw 11(1)(e) specifies a breach of that byelaw, the person on whom the notice has been served may, within 48 hours of service of the notice on him and provided that he is not in breach of any requirement contained in the notice, apply to the Verderers for a review of the notice on the ground that the condition of the animal which is the subject of the notice is not such that that byelaw is contravened.
(5) An application for a review under paragraph (4) above shall be determined as soon as is reasonably practicable by a Verderer who has had no previous involvement or interest in the matter to which the notice relates or in the issue of the notice.
(6) The Verderers may appoint a veterinary surgeon to advise the Verderer who is conducting the review.
(7) The Verderer conducting a review may confirm or withdraw the notice.
(8) An application for a review of a notice shall not have the effect of suspending the operation of the notice.
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