The Windsor Framework (Retail Movement Scheme) Regulations 2023
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Change 1
20 Seizure and disposal of goods etc.
(1) Paragraph (2) applies where— (a) a person authorised by the Northern Ireland competent authority prevents a vehicle from entering Northern Ireland by virtue of regulation 16(2); (b) a person enters an establishment by virtue of regulation 19. (2) Where this paragraph applies, the person may do anything necessary in order to mitigate any relevant potential risk arising from the specified retail goods in question. (3) The action that may be taken under paragraph (2) includes but is not limited to— (a) seizing the specified retail goods found giving rise to that risk; (b) re-exporting or re-dispatching the specified retail goods giving rise to that risk; or (c) destroying or otherwise disposing of the specified retail goods found giving rise to that risk in whatever way the authority considers appropriate. (4) The power under paragraph (3)(a) includes power to retain anything seized in exercise of the power for so long as it may be required for the purpose for which it was seized. (5) Where by virtue of paragraph (3)(a) a person (P) seizes any goods, P must leave with the driver of the vehicle or, as the case may be, an appropriate person at the establishment from which the goods were seized, a statement giving particulars of what P has seized and stating that P has seized it. (6) Any costs incurred in relation to any action taken in respect of any specified retail goods under this regulation are recoverable from the person approved under regulation 4 to move those goods into Northern Ireland under the Scheme.
20 Seizure and disposal of goods etc.
(1) Paragraph (2) applies where— (a) a person authorised by the Northern Ireland competent authority prevents a vehicle from entering Northern Ireland by virtue of regulation 16(2); (b) a person enters an establishment by virtue of regulation 19. (2) Where this paragraph applies, the person may do anything necessary in order to mitigate any relevant potential risk arising from the specified retail goods in question. (3) The action that may be taken under paragraph (2) includes but is not limited to— (a) seizing the specified retail goods found giving rise to that risk; (b) re-exporting or re-dispatching the specified retail goods giving rise to that risk; or (c) destroying or otherwise disposing of the specified retail goods found giving rise to that risk in whatever way the authority considers appropriate. (4) The power under paragraph (3)(a) includes power to retain anything seized in exercise of the power for so long as it may be required for the purpose for which it was seized. (5) Where by virtue of paragraph (3)(a) a person (P) seizes any goods, P must leave with the driver of the vehicle or, as the case may be, an appropriate person at the establishment from which the goods were seized, a statement giving particulars of what P has seized and stating that P has seized it. (6) Any costs incurred in relation to any action taken in respect of any specified retail goods under this regulation are recoverable from the person approved under regulation 4 to move those goods into Northern Ireland under the Scheme.
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