The Timber and Timber Products (Placing on the Market) Regulations 2013

Powers of seizure U.K.

9.—(1) An inspector may seize and remove any timber where the inspector has reasonable grounds for believing that an offence under regulation 4(a) has been committed.

(2) If the inspector is able to identify the person in possession of the seized timber, the inspector must serve on that person a notice (a “seizure notice”)—

(a) giving the grounds for seizing the timber; and

(b) informing that person of the rights under this regulation to appeal against the seizure, and the address for serving notice of an appeal under paragraph (5).

(3) If the inspector is unable to identify a person in possession but is able to identify the owner of the seized timber, the inspector must serve the seizure notice on the owner.

(4) An inspector who is unable immediately to remove the seized timber may mark it in any way, and serve a notice on the person on whom the inspector served the seizure notice identifying it and prohibiting its removal from the premises until it is collected by an inspector, or other arrangements are made with the inspector.

(5) The person on whom the inspector served the seizure notice may, within 28 days of service of the seizure notice, serve notice of an appeal against the seizure to the Secretary of State at the address specified in the seizure notice, setting out the grounds in full.

(6) If the Secretary of State receives a notice of an appeal in accordance with paragraph (5), then, unless the seized timber is being held for the purposes of a criminal investigation, the Secretary of State must—

(a) withdraw the seizure notice and return the timber, if previously removed, to the place from which it was removed or such other place as is reasonable in the circumstances; or

(b) take proceedings for a court order for—

(i) the confirmation of the seizure notice; and

(ii) the destruction or donation, sale or other disposal of the timber by the Secretary of State or the person on whom the inspector served the seizure notice.

(7) If one of the conditions in paragraph (8) is met, the Secretary of State may—

(a) destroy the timber;

(b) donate, sell or otherwise dispose of the timber; or

(c) serve a further notice on the person (if any) on whom the inspector served the seizure notice requiring that person to destroy or otherwise dispose of the timber in the manner and within the period specified in the further notice.

(8) The conditions are that—

(a) the inspector is unable to identify any person in possession or the owner of the seized timber within 28 days of seizing the timber; or

(b) the Secretary of State does not receive a notification of an appeal in accordance with paragraph (5).

(9) The procedure in a magistrates’ court under this regulation is by way of complaint, and the Magistrates’ Courts Act 1980 applies to the proceedings.

(10) In proceedings in a magistrates’ court in Northern Ireland under this regulation, the Magistrates’ Courts (Northern Ireland) Order 1981 applies.

(11) In Scotland proceedings are by summary application before a sheriff.

Commencement Information

I1 Reg. 9 in force at 3.3.2013, see reg. 1(2)