Regulation 11 Circumstances in which the enforcement agent may not take control of goods: highways

(1)

This regulation applies in relation to relevant goods which the enforcement officer finds on a highway (see paragraph 13(1)(b) of Schedule 12).

(2)

In this regulation—

(a)

“relevant goods” means—

(i)

animals or livestock; or

(ii)

any goods which the enforcement agent believes to be or to include—

(aa)

hazardous goods or materials; or

(bb)

perishable goods or materials;

(b)

“hazardous goods or materials” includes—

(i)

nuclear matter;

(ii)

radioactive waste; and

(iii)

any other article or substance that has been and remains contaminated (whether radioactively or chemically); and

(c)

“livestock” includes cattle, sheep, pigs, horses and poultry.

(3)

The enforcement agent may not take control of any relevant goods if—

(a)

to do so would pose a risk to public health; and

(b)

the enforcement agent is or ought to be aware of that risk.

(4)

Where paragraph (1) applies the enforcement agent may not take control of a debtor's vehicle in which such goods are contained.