The Aquatic Animal Health (Scotland) Regulations 2009

Seizure of items

38.—(1) This regulation applies where an inspector exercises the powers conferred by regulation 36 or 37.

(2) An inspector may–

(a) seize, detain or remove any item which is on the land or premises;

(b) take copies of or extracts from any document or record found on the land or premises.

(3) The power conferred in paragraph (2)(a) shall be construed as including power to take and examine samples of any aquatic animal or water.

(4) An inspector to whom any document or record has been produced in accordance with a requirement imposed under regulation 37 may–

(a) seize, detain or remove that document or record;

(b) take copies of or extracts from that document or record.

(5) If, in the opinion of the inspector, it is not for the time being practicable for the inspector to seize and remove any item, the inspector may require any person on the land or premises to secure that the item is not removed or otherwise interfered with until such time as the inspector may seize and remove it.

(6) The powers conferred by this regulation may only be exercised–

(a) for the purposes of determining whether an offence under these Regulations has been committed; or

(b) in relation to an item which an inspector reasonably believes to be evidence of the commission of an offence under these Regulations.

(7) Any item seized by an inspector may be disposed of as the competent authority thinks fit.

(8) It is an offence not to comply with a requirement imposed by an inspector under paragraph (5).