The Forest Law Enforcement, Governance and Trade Regulations 2012

Seized timber products: recovery of costs U.K.

9.—(1) Paragraph (2) applies where, for the purpose of enforcing the European Regulations—

(a) a timber product—

(i) has been seized by a general customs official under section 139(1) of the Act, or

(ii) has been seized by a constable under section 139 of the Act and delivered to a general customs official under subsection (2) of that section; or

(b) a timber product has been seized by a constable (other than as mentioned in sub-paragraph (a)) in exercise of a power conferred by or by virtue of—

(i) the Police and Criminal Evidence Act 1984(2),

(ii) the Police and Criminal Evidence (Northern Ireland) Order 1989(3),

(iii) a warrant granted under any other enactment (including these Regulations) or rule of law, or

(iv) any other enactment, or any rule of law, under which the authority of a warrant is not required.

(2) Where this paragraph applies, all costs relating to the holding and subsequent disposal of the timber product in question (including costs of removal, transport, storage, donation, sale or destruction) are recoverable as a debt from any person concerned in the importation of the timber product.

(3) Such costs are recoverable by—

(a) where paragraph (2) applies by virtue of paragraph (1)(a), a general customs official; or

(b) where paragraph (2) applies by virtue of paragraph (1)(b), a constable.

(4) In proceedings for an offence under the Act in connection with the restriction in Article 4(1) of the FLEGT Regulation, the court may make an order requiring any person concerned in the importation of the timber product in question to pay such of the costs mentioned in paragraph (2) as may be specified by the court.

(1)

Section 139 was amended by the Police (Northern Ireland) Act 1998 (c.32), paragraph 14 of Schedule 4, and the Criminal Justice Act 1982 (c.48), sections 37 and 46.

(2)

1984 c.60.

(3)

S.I. 1989/1341 (N.I. 12).