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Article 5 Action in case of contravention of the order, etcF1I1C1C2

England, Wales and Scotland

Original text. Later amendments are not shown.

(1)

Where any hay or straw is landed in Great Britain in contravention of this order or of a licence, an inspector may by notice in writing served on the owner or the person in charge of the hay or straw require him, at the owner's expense, to destroy the hay or straw or to export the hay or straw from Great Britain within such time as he may specify in the notice.

(2)

Where an owner or the person in charge of hay or straw fails to comply with the requirements of a notice served under paragraph (1) above, an inspector may seize or cause to be seized the hay or straw to which the notice relates and carry out or cause to be carried out the requirements of the notice and for this purpose an inspector may subject to production of his certificate of appointment on demand enter any land, premises or vehicle taking with him such persons as he considers requisite. An inspector entering under this paragraph shall, if required by the owner or the person in charge of the land, premises or the vehicle, state his reasons for entering.

(3)

The appropriate Minister shall not pay compensation to any person in respect of hay or straw destroyed under this article.

(4)

Any reasonable expenses arising out of or in connection with the exercise of the powers conferred on an inspector by this article shall, without prejudice to any proceedings for any offence against the Act, be recoverable on demand by the appropriate Minister or, as the case may be, the local authority as a civil debt from the owner or the person in charge of the hay or straw in respect of which the power was exercised.

Annotations

Textual amendments

F1

Order revoked (E.W.) (11.7.2018) by The Environment and Rural Affairs (Miscellaneous Revocations) Order 2018 (S.I. 2018/739), arts. 1(1), 4

Modifications

C1

Art. 5 excluded (1.1.1993) by The Products of Animal Origin (Import and Export) Regulations 1992 (S.I. 1992/3298), reg. 1(1), Sch. 4 Pt. I (with reg. 1(7))

C2

Art. 5 excluded (1.1.1997) by The Products of Animal Origin (Import and Export) Regulations 1996 (S.I. 1996/3124), reg. 1(1)(a), Sch. 5 Pt. I

Commencement

I1

Art. 5 in force at 1.2.1980, see art. 1