The Diseases of Animals (Northern Ireland) Order 1981

Powers of entry, examination and seizure N.I.

36.—(1) For the purpose of ascertaining whether there has been any contravention of the provisions of this Part or of any order of the Department made under this Part, an inspector may, at any reasonable time and on production, if demanded, of his authority to act as such,—

(a) enter any land, building (not being a building used only as a private dwelling-house), shed, pen, place, vehicle, aircraft, vessel or boat on which he has reasonable grounds for supposing that any animal or carcase or any animal feeding stuff or any substance specified in Schedule 4 is to be found; and

(b) examine any animal or carcase or any such feeding stuff or substance so found, and for that purpose open any container; and

(c) in relation to any such animal, carcase, feeding stuff or substance apply such tests, take such samples and apply such marks as may be reasonably necessary or as the Department may, by order, require.

(2) An inspector may seize and detain any substance which he has reasonable grounds for supposing is liable to be forfeited under this Part and any document referring to such a substance which he has reasonable grounds for supposing may be required as evidence in proceedings under this Part.

(3) Where an inspector seizes any substance or document in the exercise of his powers under this Article he shall inform the owner of the substance or document (if known to him).

(4) Where any substance or document is seized under this Article, the Department

(a) at the request of any person who claims to be the owner and who, within the period of four months from the date of the seizure produces to the Department such evidence of his title as the Department may reasonably require, shall return the substance or document to that person, unless (whether before of after the expiration of that period)—

(i) some person is charged with an offence under this Part in relation to the substance; or

(ii) proceedings in which the document may be required as evidence are commenced under this Part; or

(b) where a person is charged with an offence in relation to the substance or in proceedings such as are mentioned in sub-paragraph (a) (ii) and is acquitted, shall return the substance or document to any person who appears to the Department to be the owner and also, in the case of a substance, to be a person who, under this Part, may lawfully have a substance of that kind in his possession; or

(c) in any other case, may dispose of the substance or document as the Department thinks fit.