European Communities (Swine Vesicular Disease) (Restriction on Imports from Italy) Regulations 2007
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities (Swine Vesicular Disease) (Restriction on Imports from Italy) Regulations 2007.
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paragraphs: (1) In these Regulations—
(2) A word or expression that is used in the Commission Decision and is also used in these Regulations has, in these Regulations, the same meaning as in the Commission Decision.
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paragraphs: (1) A person shall not import a pig from a region of Italy referred to in Annex II to the Commission Decision.
(2) A person may import a pig from a region of Italy referred to in Annex I of the Commission Decision if Article 9(3) and 10 of the Commission Decision are complied with.
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paragraphs: A person shall not have in his or her possession or under his or her control, purchase, sell, supply or move a pig that has been imported in contravention of Regulation 3.
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paragraphs: If an authorised officer has reasonable cause to suspect that—
(a) a pig is being or has been imported,
(b) a document relating to a pig referred to at (a) is present on a premises,
(c) a person is refusing or has refused to comply with a requirement, request or direction of an authorised officer under subparagraph (viii), (x), (xi), (xii) or (xiii),
(d) land, a premises, vehicle or container contains or has recently contained a pig, and
(e) an offence is being or has been committed under these Regulations,
(i) enter and search any land, vehicle, premises or container,
(ii) stop any person,
(iii) board and search any vehicle or container,
(iv) search a person, where the authorised officer considers it necessary,
(v) examine such a pig, vehicle or container,
(vi) take such specimens from such a pig, vehicle or container as the authorised officer considers appropriate,
(vii) seize and detain (for so long as is necessary) such a pig, vehicle or container,
(viii) require the production of any relevant document or thing relating to such a pig, vehicle or container,
(ix) retain any such document or thing (for so long as is necessary),
(x) dispose of, or require the owner or person in charge of or in possession of such a pig, to dispose of the pig in such manner as the authorised officer sees fit.
(xi) give such directions to, or request such information of, such person regarding the pig, vessel, vehicle, aircraft or container as he or she considers necessary,
(xii) require the name and address of a person and the name and address of any other relevant person including the person to whom the pig is being delivered or who is causing it to be delivered,
(xiii) mark or otherwise identify such a pig or a sample taken under subparagraph (vi).
(2) An authorised officer shall not enter, other than with the consent of the occupier, a private dwelling, unless he or she has obtained a search warrant under Regulation 6.
(3) An authorised officer when exercising any powers under this Regulation or Regulation 6 may be accompanied by other persons and may take with him or her, or those persons may take with them, any equipment or materials to assist the officer in the exercise of those powers.
(4) An authorised officer shall not be liable in any proceedings for anything done in the purported exercise of his or her powers under this section if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.
(5) If a member of the Garda SÃ­ochÃ¡na has reasonable cause to suspect that a person has committed an offence under these Regulations, the member may without warrant arrest the person.
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paragraphs: (1) If a judge of the District Court is satisfied by information on oath of an authorised officer that there are reasonable grounds for suspecting—
(a) that there is on any land or in any premises, vehicle, vessel, aircraft or container such a pig that has been, may have been or may be imported in contravention of these Regulations, or
(b) that there is evidence of an offence under these regulations relating to a pig therein or thereon, the judge may issue a search warrant.
(2) A search warrant issued under this Regulation shall be expressed and operate to authorise a named authorised officer, accompanied by such authorised officers, members of the Garda SÃ­ochÃ¡na, officers of Customs and Excise and other persons as the named officer thinks necessary, at any time or times, within one month from the date of issue of the warrant, on production if so requested of the warrant, to enter (if necessary by force) the land, premises or vehicle, vessel, aircraft or container named in the warrant.
(3) If a premises, land or vehicle, vessel, aircraft or container is entered pursuant to a warrant issued under this Regulation, an authorised officer so entering may exercise all or any of the powers conferred on an authorised officer under these Regulations.
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paragraphs: A person shall not —
(a) obstruct or impede an authorised officer in the exercise of any of his or her powers under Regulation 5 or 6,
(b) fail, without reasonable excuse, to comply with a requirement or direction made by an authorised officer under Regulation 5, or
(c) in purporting to give information required by an authorised officer for the performance of the officer’s powers under Regulation 5—
(i) make a statement which he or she knows to be false in a material particular, or recklessly make a statement which is false in a material particular, or
(ii) fail to disclose any material particular.
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paragraphs: (1) A person who contravenes Regulation 3, 4 or 7 commits an offence and is liable on conviction to a fine not exceeding €5,000 or to a term of imprisonment not exceeding 6 months, or to both such fine and such imprisonment.
(2) An offence under these Regulations may be prosecuted by the Minister.
(3) If an offence under these Regulations is committed by a body corporate and it is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person who, when the offence was committed, was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in any such capacity, that person, as well as the body corporate, commits an offence and is liable to be proceeded against and punished as if guilty of the first-mentioned offence.
(4) If the affairs of a body corporate are managed by its members, paragraph (3) applies in relation to the acts and defaults of a member in connection with the functions of management as if the member were a director or manager of the body corporate.