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(This note is not part of the Order.)
These Regulations implement as respects Northern Ireland the provisions of Article 9(2) of Council Directive 91/628 which require that the competent authority shall recover the costs of any measures which it had to have carried out because of the failure of the transporter to comply with its instructions.
An inspector of the Department of Agriculture who has served a notice under Article 17 of the Welfare of Animals (Transport) Order (Northern Ireland) 1997 is empowered, where the person on whom the notice has been served fails to comply with its requirements, to carry out the requirements himself or cause them to be carried out. The cost of such an action shall be recoverable by that Department from the transporter of the animals concerned.
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