(5) A constable or an authorised person who is, by virtue of this regulation, lawfully on any premises may, in order to determine the identity, ancestry or (in the case of a specimen which is not living) age of any specimen, require—
- (a) a sample of blood or tissue to be taken from a live animal specimen, provided that—
- (i) the sample is taken by a registered veterinary surgeon or a suitably trained authorised person, and
- (ii) taking the sample will not cause lasting harm to the specimen;
- (b) a non-invasive sample to be taken from any other specimen by a suitably trained authorised person.
(6) A person must not—
- (a) obstruct an authorised person acting in accordance with the powers conferred by this regulation;
- (b) with intent to deceive, pretend to be an authorised person.
(7) In this regulation—
“authorised person” means a person duly authorised in writing by the Secretary of State for the purposes of this regulation;
“justice” means—
- (a) in England and Wales, a justice of the peace;
- (b) in Scotland, a sheriff, summary sheriff or justice of the peace;
- (c) in Northern Ireland, a lay magistrate;
“registered veterinary surgeon” means a person who is registered in the register of veterinary surgeons under section 2 of the Veterinary Surgeons Act 1966(a)[1].
Powers of seizure
9.—(1) A constable who is, by virtue of regulation 8(1), lawfully on any premises, may seize any thing where the constable has reasonable grounds for believing that seizure is—
- (a) necessary for the protection of the constable or any person accompanying the constable;
- (b) otherwise necessary to effect seizure of a specimen;
- (c) necessary for the conservation of evidence;
- (d) in the interests of the welfare of a specimen.
(2) The court which convicts a person of an offence under these Regulations may order the offender to reimburse any expenses incurred by a police force or the Police Service of Northern Ireland in connection with keeping a live specimen which has been seized by a constable under paragraph (1).
(3) Where an order is made under paragraph (2) and the amount specified in the order is not paid, the unpaid amount is recoverable summarily as a civil debt owed to the police force or service named in the order.
Forfeiture and banning orders
10. The court which convicts a person of an offence under these Regulations may order—
- (a) the forfeiture of any specimen or other thing in respect of which the offence was committed;
- (b) the forfeiture of any vessel, vehicle, equipment, apparatus or other thing which was used to commit the offence;
- ↑ (a) 1966 c.36; section 2 was amended by S.I. 2003/2919, 2008/1824.
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