The Taking Control of Goods Regulations 2013

Circumstances in which the enforcement agent may not take control of goods: highways

11.—(1) This regulation applies in relation to relevant goods which the enforcement officer finds on a highway (see paragraph 13(1)(b) of Schedule 12).

(2) In this regulation—

(a) “relevant goods” means—

(i) animals or livestock; or

(ii) any goods which the enforcement agent believes to be or to include—

(aa) hazardous goods or materials; or

(bb) perishable goods or materials;

(b) “hazardous goods or materials” includes—

(i) nuclear matter;

(ii) radioactive waste; and

(iii) any other article or substance that has been and remains contaminated (whether radioactively or chemically); and

(c) “livestock” includes cattle, sheep, pigs, horses and poultry.

(3) The enforcement agent may not take control of any relevant goods if—

(a) to do so would pose a risk to public health; and

(b) the enforcement agent is or ought to be aware of that risk.

(4) Where paragraph (1) applies the enforcement agent may not take control of a debtor’s vehicle in which such goods are contained.