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The Foot-and-Mouth Disease (Scotland) Order 2006
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Powers of inspectors in case of default
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55.—(1) Where a person fails to comply with a requirement of this Order or a licence granted, notice served or direction given under it, an inspector may take any steps which the inspector considers necessary to ensure the requirement is met.
(2) Where a person fails to comply with a requirement of this Order or a licence granted, notice served or direction given under it an inspector may take any steps which the inspector considers necessary to rectify the situation so as to prevent the spread of disease.
(3) In taking steps under paragraph (1) or (2), an inspector may seize any animal moved, kept or otherwise dealt with in contravention of this Order or a notice served, licence granted or direction made under it and detain or dispose of it.
(4) In taking steps under paragraph (2), an inspector may by notice served on any person direct that person to take or refrain from specified action in respect of any place, animal, poultry, vehicle, animal product or other thing.
(5) Any steps taken are without prejudice to proceedings for an offence arising out of the default.
(6) The person in default shall reimburse any reasonable expenses incurred by the Scottish Ministers or the local authority in taking such steps.
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