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SCHEDULEBRUCELLOSIS (EXAMINATION AND TESTING) SCHEME (NORTHERN IRELAND) 2004

Powers of entry

3.—(1) For the purpose of carrying out his functions under paragraph 2, an authorised officer may at any time, and on production if so required of his authority, enter onto any land, building, shed, place or pen where an animal or carcase is kept or suspected, on reasonable grounds, to be kept.

(2) The keeper of any animal or carcase and the owner or occupier of, and any person employed on or in, any land, building, shed, pen or place where it is kept shall, upon request by an authorised officer –

(a)provide facilities that in the opinion of an authorised officer are appropriate for the number and type of animals being presented and are adequate to ensure both the safety of any person involved in the examination or official testing of any animal and that of the animal being so examined or tested;

(b)present such animals or carcases in his charge as the officer may require;

(c)in the case of an animal, collect, pen, restrain or otherwise secure it in such manner as the officer may require so as to enable him to carry out an examination or official test; and

(d)make clean water available to the officer for the cleansing and disinfection of any clothing and equipment used for the purposes of, or in connection with, any examination or official test.

(3) If a person refuses to permit or otherwise delays or impedes the examination or official testing of any animal, or refuses or neglects to comply with any requirement imposed upon him in connection with such examination or testing, the Department may, by notice –

(a)require that person to detain any animal on the holding on which it is kept, or on such part of the holding as may be specified in the notice;

(b)prohibit the movement of any animal to or from the holding except under and in accordance with the conditions of a licence issued by the Department;

(c)require that person to have such animal subjected to an official test, at his own expense and within such time limit, as shall be specified in the notice.