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The Wildlife (Northern Ireland) Order 1985

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[F1Power of wildlife inspector to examine specimens and take samplesN.I.

25C(1) A wildlife inspector may, for the purpose of ascertaining whether a relevant offence is being, or has been, committed in respect of any specimen, require any person who has the specimen in his possession or control to make it available for examination by the inspector or a veterinary surgeon.

(2) A wildlife inspector may, for the purpose of ascertaining whether a relevant offence is being or has been committed, require the taking of a sample from a specimen found by him in the exercise of powers conferred by Article 25B in order to determine its identity or ancestry.

(3) A wildlife inspector may, for the purpose of ascertaining whether such an offence is being or has been committed in respect of any specimen (“the relevant specimen”), require any person to make available for the taking of a sample any specimen (other than the relevant specimen) in that person's possession or control which—

(a)is alleged to be, or

(b)which the inspector suspects with reasonable cause to be,

a specimen a sample from which will tend to establish the identity or ancestry of the relevant specimen.

(4) Where, pursuant to a requirement under this Article—

(a)a live bird or other animal is to be examined, or

(b)a sample is to be taken from a live bird or other animal,

a person who has the bird or animal in his possession or control must give the person making the examination or taking the sample such assistance as he may reasonably require for that purpose.

(5) No sample may be taken by virtue of this Article from a live bird or other animal except by a veterinary surgeon.

(6) No sample may be taken by virtue of this Article from a live bird, other animal or plant unless the person taking it is satisfied on reasonable grounds that taking the sample will not cause lasting harm to the specimen.

(7) A person is guilty of an offence if he—

(a)intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by paragraph (2), or

(b)fails without reasonable excuse to make available any specimen in accordance with a requirement under paragraph (1) or (3), or

(c)fails without reasonable excuse to give any assistance reasonably required under paragraph (4).

(8) In this Article—

sample” means a sample of blood, tissue or other biological material;

specimen” means—

(a)

any bird, other animal or plant, or

(b)

any part of, or anything derived from, a bird, other animal or plant.]

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