Part V

Enforcement, Offences and Proceedings

Enforcement

General powers of inspectors.
63
1
An inspector has—
a
for the purposes of this Act, but
b
with the exception of the powers conferred by sections 61 and 62 above,
all the powers which a constable has, under this Act or otherwise, in the place where the inspector is acting.
2
An inspector may at any time enter any land or shed to which this Act applies, or other building or place where he has reasonable grounds for supposing—
a
that disease exists or has within 56 days existed; or
b
that the carcase of a diseased or suspected animal is or has been kept, or has been buried, destroyed, or otherwise disposed of; or
ba
that the carcase of an animal, bird or amphibian slaughtered by virtue of section 16B, Part 2B or Schedule 3A is or has been kept, or has been buried, destroyed, or otherwise disposed of; or
c
that there is to be found any pen, place, vehicle, or thing in respect of which any person has on any occasion failed to comply with the provisions of this Act, or of an order of the Minister, or of a regulation of the Scottish Ministers under this Act, or of a regulation of a local authority; or
d
that this Act or an order of the Minister or a regulation of the Scottish Ministers under this Act or a regulation of a local authority has not been or is not being complied with.
3
An inspector may at any time enter any pen, vehicle, vessel, boat or aircraft in which or in respect of which he has reasonable grounds for supposing that this Act or an order of the Minister or a regulation of the Scottish Ministers under this Act or a regulation of a local authority has not been or is not being complied with.
4
An inspector entering as authorised by the foregoing provisions of this section shall, if required by the owner, or occupier, or person in charge of the land, building, place, pen, vehicle, vessel, boat or aircraft state in writing his reasons for entering.
5
For the purpose of ascertaining whether the provisions of any order under section 10 above or the conditions of any licence issued in accordance with any such order are being complied with, an inspector may at any time enter—
a
any vessel, boat, aircraft or vehicle of any other description which is for the time being within the limits of a port, within the meaning of the Customs and Excise Management Act 1979, or at a customs and excise airport, within the meaning of that Act; or
b
any vessel, boat or aircraft which does not fall within paragraph (a) above but which he has reasonable grounds for supposing has recently been brought into Great Britain.
6
Without prejudice to subsection (5) above, an inspector may at any time enter—
a
any land, building or other place, or
b
any vessel, boat, aircraft or vehicle of any other description,
on or in which he has reasonable grounds for supposing that there is being or has been kept any animal or other thing which has been imported and the importation of which is for the time being prohibited or regulated by an order under section 10; and in this subsection “animals” and “imported” have the same meaning as in that section.
7
A certificate of a veterinary inspector to the effect that an animal , bird or amphibian is or was affected with a disease specified in the certificate shall, for the purposes of this Act, be conclusive evidence in all courts of justice of the matter certified.
7A
In subsection (7)—
- “
animal
” means any kind of mammal (except man);
- “disease” is not restricted by its definition in this Act.
8
An inspector of the Minister has all the powers of an inspector throughout Great Britain or that part for which he is appointed.
9
In addition to the powers conferred by this section upon inspectors, an inspector of the Minister may at any time, enter any land, building or other place, on or in which he has reasonable grounds for supposing that animals are or have been kept, for the purpose of ascertaining whether any disease exists there or has within 56 days existed there.
This subsection does not have effect in relation to poultry.
10
An inspector acting under this section must, if required, produce evidence of the inspector's authority.
Words substituted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), Sch. 1 para. 4
1979 c. 2.
Words substituted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), s. 2(1)
S. 63 applied (with modifications) (W.) (1.2.2006) by The Foot-and-Mouth Disease (Control of Vaccination) (Wales) Regulations 2006 (S.I. 2006/180), regs. 1(2), 35(1)
S. 63 modified (E.) (23.2.2006) by Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006 (S.I. 2006/183), regs. 1(2), 36(1)(a)
S. 63 applied (with modifications) (S.) (23.2.2006) by Foot and Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006 (S.S.I. 2006/45), regs. 1(1), 39
S. 63 applied (with modifications) (S.) (1.7.2006) by Avian Influenza (Slaughter and Vaccination) (Scotland) Regulations 2006 (S.S.I. 2006/337), regs. 1(2), 24(1)(a)
S. 63 applied (with modifications) (W.) (6.7.2006) by The Avian Influenza (Vaccination) (Wales) Regulations 2006 (S.I. 2006/1761), regs. 1(2), 17(1)
S. 63(2)(ba) inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), s. 55(1), Sch. 2 para. 2(6)(a) (with s. 54); S.S.I. 2006/482, art. 2
Words in s. 63(2)(c) inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), s. 55(1), Sch. 2 para. 2(6)(b) (with s. 54); S.S.I. 2006/482, art. 2
Words in s. 63(2)(d) inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), s. 55(1), Sch. 2 para. 2(6)(c) (with s. 54); S.S.I. 2006/482, art. 2
Words in s. 63(3) inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), s. 55(1), Sch. 2 para. 2(6)(d) (with s. 54); S.S.I. 2006/482, art. 2
Words in s. 63(7) inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), s. 55(1), Sch. 2 para. 2(6)(e) (with s. 54); S.S.I. 2006/482, art. 2
S. 63(7A) inserted (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), s. 55(1), Sch. 2 para. 2(6)(f) (with s. 54); S.S.I. 2006/482, art. 2
S. 63(10) added (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), s. 55(1), Sch. 2 para. 2(6)(g) (with s. 54); S.S.I. 2006/482, art. 2
S. 63 applied (E.) (13.11.2006) by The Avian Influenza (Preventive Measures) (England) Regulations 2006 (S.I. 2006/2701), regs. 1(2), 18(3)(a)
S. 63 applied (W.) (13.11.2006) by Avian Influenza (Preventive Measures) (Wales) Regulations 2006 (S.I. 2006/2803), regs. 1(1), 18(3)(a)
S. 63 applied (with modifications) (E.) (14.11.2006) by The Avian Influenza (Vaccination) (England) Regulations 2006 (S.I. 2006/2703), regs. 1(2), 19(3)(a)
S. 63 applied (W.) (14.11.2006) by The Avian Influenza (Vaccination) (Wales) (No.2) Regulations 2006 (S.I. 2006/2932), regs. 1(2), 19(3)(a)
S. 63 applied (S.) (25.1.2007) by Welfare of Animals (Transport) (Scotland) Regulations 2006 (S.S.I. 2006/606), regs. 1(b), 23