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SCHEDULE 1SENFORCEMENT POWERS

(introduced by section 7(1))

Interpretation S

1In this schedule—S

Annotations:

Commencement Information

I1Sch. 1 para. 1 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

Entry and associated powersS

2An inspector may enter any premises (other than domestic premises)—S

(a)if there are reasonable grounds for believing that a section 1 offence has been or is being committed at the premises, and

(b)for the purpose of ascertaining whether or not a section 1 offence has been or is being committed at the premises.

Annotations:

Commencement Information

I2Sch. 1 para. 2 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

3(1)A sheriff or justice of the peace may grant a warrant under this sub-paragraph if satisfied—S

(a)that there are reasonable grounds for believing—

(i)that a section 1 offence has been or is being committed at any premises, or

(ii)that evidence of the commission of, or participation in, a section 1 offence is to be found at any premises, and

(b)that condition A or condition B is satisfied in relation to the premises.

(2)Condition A is—

(a)that—

(i)admission to the premises has been refused, or

(ii)such a refusal may reasonably be expected, and

(b)that—

(i)notice of the intention to seek a warrant has been given to the occupier of the premises, or

(ii)the giving of such notice would frustrate the purpose for which the warrant is sought.

(3)Condition B is—

(a)that the premises are unoccupied, or

(b)that the occupier is temporarily absent.

Annotations:

Commencement Information

I3Sch. 1 para. 3 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

4A warrant under paragraph 3(1) authorises an inspector or a constable—S

(a)to enter the premises,

(b)to search for and examine any animal, and

(c)to search for, examine and seize any equipment, document or other thing tending to provide evidence of the commission of, or participation in, a section 1 offence.

Annotations:

Commencement Information

I4Sch. 1 para. 4 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

5(1)An inspector or a constable may exercise the powers in sub-paragraph (2) without a warrant under paragraph 3(1)—S

(a)if it appears to the inspector or, as the case may be, constable that any delay would frustrate the purpose for which the powers are to be exercised, and

(b)in relation only to premises other than domestic premises.

(2)The powers are—

(a)to enter premises,

(b)to search for and examine any animal, and

(c)to search for, examine and seize any equipment, document or other thing tending to provide evidence of the commission of, or participation in, a section 1 offence.

Annotations:

Commencement Information

I5Sch. 1 para. 5 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

Stopping and detaining vehiclesS

6(1)A constable in uniform may stop and detain a vehicle or vessel for the purpose of the exercise of a relevant power.S

(2)An inspector, if accompanied by a constable in uniform, may stop and detain a vehicle or vessel for the purpose of the exercise of a relevant power.

(3)A vehicle or vessel may be detained under sub-paragraph (1) or (2) for so long as it is reasonably required for the purpose of the exercise of the power concerned.

(4)The power concerned may be exercised either at the place where the vehicle or vessel was first detained or nearby.

(5)In this paragraph, “vehicle” includes caravan (within the meaning of section 29(1) of the Caravan Sites and Control of Development Act 1960).

Annotations:

Commencement Information

I6Sch. 1 para. 6 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

Entry and associated powers: supplementaryS

7A warrant granted under paragraph 3(1) remains in force for a period of 28 days beginning with the day on which it was granted.S

Annotations:

Commencement Information

I7Sch. 1 para. 7 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

8A person exercising a relevant power must do so at a reasonable time unless it appears to the person that the purpose of exercising the power would be frustrated by exercising it at such a time.S

Annotations:

Commencement Information

I8Sch. 1 para. 8 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

9(1)A person may, if necessary, use reasonable force when exercising a relevant power.S

(2)Sub-paragraph (1) does not apply to the power conferred by paragraph 2.

Annotations:

Commencement Information

I9Sch. 1 para. 9 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

10A person exercising a relevant power must, if required, produce evidence of the person's authority.S

Annotations:

Commencement Information

I10Sch. 1 para. 10 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

11(1)A relevant power includes power to take onto premises—S

(a)such persons for assistance as are required for the purpose of exercising the power, and

(b)such equipment as is required for that purpose.

(2)A relevant power includes power to do or secure the doing of any of the following—

(a)the carrying out of tests on, and taking of samples from—

(i)an animal,

(ii)any equipment, substance or other thing,

(b)the identifying of an animal by use of a mark, microchip or any other method of identification.

Annotations:

Commencement Information

I11Sch. 1 para. 11 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

12(1)A person mentioned in sub-paragraph (2) must—S

(a)comply with any reasonable direction made by an inspector, or a constable, exercising a relevant power, and

(b)in particular, give the inspector or constable such information and assistance as the inspector or constable may reasonably require.

(2)The persons are—

(a)the occupier of premises in relation to which a relevant power is being exercised,

(b)as respects the premises of a circus in relation to which a relevant power is being exercised, the circus operator,

(c)a person who appears to be under the direction or control of a person mentioned in paragraph (a) or (b).

Annotations:

Commencement Information

I12Sch. 1 para. 12 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

13A person exercising a relevant power in relation to unoccupied premises must leave the premises as effectively secured against entry as the person found them.S

Annotations:

Commencement Information

I13Sch. 1 para. 13 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

OffencesS

14(1)A person who, without reasonable excuse, contravenes paragraph 12(1) commits an offence.S

(2)A person who intentionally obstructs an inspector or constable in the exercise of a relevant power commits an offence.

(3)A person who commits an offence under sub-paragraph (1) or (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Annotations:

Commencement Information

I14Sch. 1 para. 14 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

Liability of inspectorsS

15(1)An inspector is not liable in any civil or criminal proceedings for anything done in the purported performance of the inspector's functions under this schedule where the inspector acts on reasonable grounds and in good faith.S

(2)Sub-paragraph (1) applies to any person taken onto premises by an inspector under paragraph 11(1)(a) as it applies to an inspector if the person is in the company, and under the supervision, of an inspector exercising functions under this schedule.

Annotations:

Commencement Information

I15Sch. 1 para. 15 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

Powers of constables under this scheduleS

16The powers conferred on constables by this schedule are without prejudice to any powers conferred on constables apart from this schedule.S

Annotations:

Commencement Information

I16Sch. 1 para. 16 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2