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SCHEDULE 5U.K.Enforcement powers

PART 2U.K.[F1Powers of general customs officials

Textual Amendments

Powers of general customs officialsU.K.

8.(1) A general customs official may seize and detain any waste that has been brought into the United Kingdom or is to be dispatched from the United Kingdom—

(a)if requested to do so by a competent authority in the United Kingdom; or

(b)if that official suspects that, in respect of that waste, there is or is likely to be a breach of any provision of the Community Regulation or of these Regulations.

(2) A general customs official who seizes and detains any waste under sub-paragraph (1)(b) must inform the competent authority as soon as possible.

(3) Waste seized and detained under this paragraph may be detained for no more than 5 working days and must be dealt with during the period of its detention in such manner as the Secretary of State may direct under section 5 of the Borders, Citizenship and Immigration Act 2009.

(4) In this paragraph—

(a)“general customs official” means a general customs official designated under section 3(1) of the Borders, Citizenship and Immigration Act 2009; and

(b)“waste” includes—

(i)any thing that the competent authority or general customs official has reasonable grounds to suspect is waste, and

(ii)the container in which the waste or thing is carried.]