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The Foot-and-Mouth Disease (Export Restrictions) (Scotland) (No. 2) Regulations 2007
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- 2007 No. 562
- Regulation 9
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Illegal exports
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9.—(1) An inspector who has reasonable grounds to suspect that anything other than an animal is intended to be exported in contravention of these Regulations may seize and remove that thing.
(2) An inspector who has seized and removed a thing shall forthwith–
(a)apply to the sheriff for an order under paragraph (3); and
(b)intimate that application to any person appearing to the inspector to be in charge of the thing.
(3) The sheriff, if satisfied that it was intended to export the thing in contravention of these Regulations, shall–
(a)if satisfied that the thing can be returned to the owner without a significant risk of a further attempt to export it in contravention of these Regulations, order that it is so returned; or
(b)if not satisfied that the thing can be returned in accordance with sub-paragraph (a), order that is to be put into storage (if practicable) or destroyed.
(4) The owner and any person in charge of a thing destroyed or disposed of in accordance with an order under paragraph (3) shall be jointly and severally liable for the costs incurred in the return to the owner, removal to storage, storage, or destruction or other disposal.
(5) An inspector may apply to the sheriff for the destruction of a thing stored in accordance with an order under paragraph (3), and the sheriff shall order that it is to be destroyed if satisfied that the owner cannot–
(a)be found; or
(b)pay the costs associated with storage of the thing.
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