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Bovines and Bovine Products (Trade) Regulations (Northern Ireland) 1999

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Powers to stop and search vehicles and vessels and detain goods

15.—(1) At any time while a vehicle or vessel is—

(a)within the limits of or entering or leaving a port, or any land adjacent to a port which is occupied wholly or mainly for the purposes of activities carried on at the port;

(b)at, entering or leaving an aerodrome;

(c)at, entering or leaving an approved wharf, transit shed, customs warehouse or free zone; or

(d)in the vicinity of an international border,

an officer or an inspector may, for the purposes of the enforcement of these Regulations, stop and search the vehicle or vessel and may inspect any commercial document or official certificate accompanying any goods carried in that vehicle or vessel.

(2) A person in control of any vehicle or vessel shall stop it when required to do so under paragraph (1).

(3) Where an officer or an inspector has reasonable grounds to suspect that any vehicle or vessel (whether or not in a place referred to in paragraph (1)) is or may be carrying a consignment of any goods which are—

(a)described in regulation 3(1), 4(1), 8(1), (4), (7) or (9);

(b)DBES goods;

(c)ECHS goods;

(d)foreign origin export eligible goods;

(e)controlled bovine by-products or foreign origin bovine by-products; or

(f)any part of the vertebral column of a bovine animal,

and which he reasonably suspects may be illegal, he may search that vehicle or vessel and may inspect any commercial document or official certificate accompanying any goods carried in the vehicle or vessel.

(4) Where an officer or an inspector has stopped and searched a vehicle or vessel under paragraph (1), or has searched a vehicle or vessel under paragraph (3), he may detain for not more than three working days any goods referred to in paragraph (3) found in the vehicle or vessel and which he reasonably suspects may be illegal.

(5) Any goods detained under this regulation shall be dealt with during the period of their detention in such manner as the person seizing or detaining them may direct.

(6) For the purposes of this regulation, goods are “illegal” if—

(a)they are falsely described on their packaging, wrapping, label or any container in which they are placed, or in any certificate or documentation accompanying them;

(b)in the case of any goods described in—

(i)regulation 3(1), 4(1), 8(4) or (7), they were being brought or consigned for despatch in contravention of regulation 3(1), 4(1), 8(4) or (6) respectively, as the case may be;

(ii)regulation 8(1), they have been produced in contravention of that provision; or

(iii)regulation 8(9), there was a contravention of regulation 8(8) in relation to any of them;

(c)in the case of DBES goods, or ECHS goods which have undergone a stage of preparation in Northern Ireland, the goods—

(i)have been prepared in contravention of any provision of these Regulations relating to the goods; or

(ii)they are being or have been brought, despatched or consigned otherwise than in accordance with regulation 4(3) (in the case of ECHS goods) or regulation 4(4) (in the case of DBES goods);

(d)in the case of ECHS goods which have not undergone a stage of preparation in Northern Ireland—

(i)have been prepared in contravention of any provision of the Great Britain Regulations relating to the goods; or

(ii)they are being or have been brought, despatched or consigned in contravention of any provision of the Great Britain Regulations relating to the goods;

(e)in the case of foreign origin export eligible goods—

(i)they have been prepared in contravention of any provision of these Regulations relating to the goods; or

(ii)they have been or are being brought, despatched or consigned in contravention of regulation 5(1) or 8(5);

(f)in the case of foreign origin bovine by-products—

(i)they have been produced in contravention of any provision of these Regulations relating to such by-products; or

(ii)they are being or have been brought, despatched or consigned in contravention of regulation 5(2);

(g)in the case of controlled bovine by-products, they were produced in contravention of regulation 6(1); or

(h)in the case of the vertebral column of a bovine animal, the goods were not in an impervious container clearly labelled in accordance with regulation 8(3).

(7) For the purposes of paragraph (1) a “port”, an “aerodrome”, an “approved wharf”, “transit shed”, “customs warehouse” and “free zone” have the meanings respectively consigned to them in the Customs and Excise Management Act 1979(1).

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