DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 40B General powers of inspectors.

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DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 40B

General powers of inspectors.

40B.(1)For the purpose of inspecting records and documents under section 40A
(c) aninspectormay, at any time, enter any premises and seize and detain any
such records and documents found therein.

(2) A power of entry under sub-section (1) shall not be exercisable except

(a)with the consent given by or on behalf of the occupier of the premises; or

(b)after at least twenty-four hours' notice of the entry has been served on
the occupier of the premises; or

(c)under the authority of a warrant granted under sub-section (3).

(3) Where a justice of the peace is satisfied by complaint on oath

(a)that admission to premises is reasonably required for the purpose specified
in the complaint; and

(b)that an authorised person would, apart from sub-section (2), be entitled
for that purpose to exercise in respect of the premises a power of entry under
sub-section (1); and

(c)that

(i)admission to the premises has been refused, or that a refusal is
apprehended, and (in either case) that notice of the intention to apply for a
warrant has been served on the occupier; or

(ii)the requirements of sub-section (2)(b) hve been complied with; or

<(iii)an application for admission, or the serving of a notice under sub-section (2)(b), would defeat the object of the entry;


(4) A warrant granted under this section shall continue in force for a period
of one month.

(5) Where an inspector seizes any records or documents under sub-section (1),
he shall inform the person from whom they are seized.

(6) Where, in pursuance of a power of entry under sub-section (1), entry is
made on any premises by an inspector, he shall ensure that the premises are
not left less secure by reason of the entry, and the Department shall make
good or pay compensation for any damage caused by the inspector in entering
the premises, in carrying out any inspection or in making the premises secure.

(7) Any question of disputed compensation under this section shall be referred
to and determined by the Lands Tribunal.]

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Northern Irish Legislation

DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 40B