(3) If that proof is not provided to the satisfaction of the general customs official before the expiry of that period of detention, the specimen is deemed to be seized as liable to forfeiture under the Customs and Excise Management Act 1979(a)[1] on expiry of that period.
(4) In this regulation, “general customs official” means a person designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009(b)[2] or a person authorised by a designated person.
Powers of entry
8.—(1) If, on an application made by a constable, a justice is satisfied that there are reasonable grounds for believing—
- (a) that there is a specimen that has been imported unlawfully or acquired unlawfully on premises specified in the application, or
- (b) that an offence under these Regulations has been or is being committed and that evidence of the offence may be found on any premises,
and that any of the conditions specified in paragraph (2) applies, a warrant may be issued authorising a constable, and any other persons as the constable thinks necessary, to enter and search those premises.
(2) The conditions referred to in paragraph (1) are that—
- (a) admission to the premises has been refused;
- (b) refusal of admission is anticipated;
- (c) the case is one of urgency;
- (d) an application for admission to the premises would defeat the object of the entry.
(3) An authorised person may, at any reasonable time and (if required to do so) upon producing evidence that the person is so authorised, enter and inspect any premises for the purpose of—
- (a) ascertaining whether contrary to Article 8 of the Principal Regulation, the premises are being used for any of the following activities in relation to that specimen—
- (i) purchase;
- (ii) offering to purchase;
- (iii) acquisition for commercial purposes;
- (iv) use for commercial gain;
- (v) display to the public for commercial purposes;
- (vi) sale;
- (vii) keeping for sale;
- (viii) offering for sale;
- (ix) transporting for sale;
- (b) verifying information supplied by a person for the purpose of obtaining a permit or certificate;
- (c) ascertaining whether a live specimen is being kept on premises at the address specified in an import permit, or a certificate issued under Article 10 of the Principal Regulation for that specimen, as that at which the specimen is to be kept;
- (d) ascertaining whether any condition of a permit or certificate has been or is being observed.
(4) Nothing in paragraph (3) confers power to enter a dwelling.
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