Page:The Control of Trade in Endangered Species Regulations 2018 (UKSI 2018-703 qp).pdf/5

 (5) A constable or an authorised person who is, by virtue of this regulation, lawfully on any premises may, in order to determine the identity, ancestry or (in the case of a specimen which is not living) age of any specimen, require—
 * (a) a sample of blood or tissue to be taken from a live animal specimen, provided that—
 * (i) the sample is taken by a registered veterinary surgeon or a suitably trained authorised person, and
 * (ii) taking the sample will not cause lasting harm to the specimen;
 * (b) a non-invasive sample to be taken from any other specimen by a suitably trained authorised person.

(6) A person must not—
 * (a) obstruct an authorised person acting in accordance with the powers conferred by this regulation;
 * (b) with intent to deceive, pretend to be an authorised person.

(7) In this regulation—

“authorised person” means a person duly authorised in writing by the Secretary of State for the purposes of this regulation;

“justice” means—
 * (a) in England and Wales, a justice of the peace;
 * (b) in Scotland, a sheriff, summary sheriff or justice of the peace;
 * (c) in Northern Ireland, a lay magistrate;

“registered veterinary surgeon” means a person who is registered in the register of veterinary surgeons under section 2 of the Veterinary Surgeons Act 1966(a).

Powers of seizure

9.—(1) A constable who is, by virtue of regulation 8(1), lawfully on any premises, may seize any thing where the constable has reasonable grounds for believing that seizure is—
 * (a) necessary for the protection of the constable or any person accompanying the constable;
 * (b) otherwise necessary to effect seizure of a specimen;
 * (c) necessary for the conservation of evidence;
 * (d) in the interests of the welfare of a specimen.

(2) The court which convicts a person of an offence under these Regulations may order the offender to reimburse any expenses incurred by a police force or the Police Service of Northern Ireland in connection with keeping a live specimen which has been seized by a constable under paragraph (1).

(3) Where an order is made under paragraph (2) and the amount specified in the order is not paid, the unpaid amount is recoverable summarily as a civil debt owed to the police force or service named in the order.

Forfeiture and banning orders

10. The court which convicts a person of an offence under these Regulations may order—
 * (a) the forfeiture of any specimen or other thing in respect of which the offence was committed;
 * (b) the forfeiture of any vessel, vehicle, equipment, apparatus or other thing which was used to commit the offence;

5