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The Bovines and Bovine Products (Despatch Prohibition and Production Restriction) Regulations 1997

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Powers to stop and search vehicles and vessels and detain goods

9.—(1) At any time while a vehicle is—

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

(b)at, entering or leaving an aerodrome; or

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

an officer or an inspector may, for the purposes of the enforcement of these Regulations, stop and search the vehicle.

(2) Where at any place (including any place which is referred to in paragraph (1) above) an officer or an inspector has reasonable grounds to suspect that any vehicle or vessel is or may be carrying a consignment of any goods which are—

(a)of a kind described in regulation (3)(1) or (2) above;

(b)relevant goods;

(c)controlled bovine by-products; or

(d)material of a kind described in regulation 5 above,

and which he reasonably suspects may be illegal, he may search that vehicle or vessel..

(3) Where an officer or an inspector has stopped and searched a vehicle under paragraph (1) above or has searched a vehicle or a vessel under paragraph (2) above, he may detain for not more than three working days any goods which he reasonably suspects may be illegal.

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

(5) Goods are “illegal” for the purposes of this regulation if—

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

(b)(in the case of any goods of a kind described in regulation 3(1) or (2) above) they are being brought or consigned for despatch in contravention of regulation 3(1) or (2) above;

(c)(in the case of relevant goods) they were produced or despatched in contravention of regulation 3(4) above;

(d)(in the case of controlled bovine by-products) they were produced in contravention of regulation 4(1) above; or

(e)(in the case of material of a kind described in regulation 5 above) the goods are not in an impervious container clearly labelled in accordance with regulation 5 above.

(6) For the purposes of paragraph (1) above a “port”, an “aerodrome”, an “approved wharf”, “transit shed”, “customs warehouse” and “free zone” have the same meanings as they respectively have in the Customs and Excise Management Act 1979(1).

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