Part 5Amendments, repeals, and miscellaneous provisions
Amendments to search and seizure powers in other enactments (and to related provisions) used for law enforcement purposes or for law enforcement and regulatory purposes: Amendments to Animal Products Act 1999
193Other amendments to Animal Products Act 1999
Section 92 is repealed.
Section 94(1) is amended by—
- omitting Any District Court Judge, Community Magistrate, Justice of the Peace, or Registrar may issue a search warrant in the form set out in the Schedule and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a search warrant; and
- omitting on application in writing made on oath and substituting on an application made in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012 by an animal product officer or a constable.
Section 94 is amended by repealing subsections (2) and (3) and substituting the following subsections:
Subject to section 95, the provisions of Part 4 of the Search and Surveillance Act 2012 apply.
Despite subsection (2), sections 118 and 119 apply only in respect of a warrant issued to a named constable or to every constable.
Section 95 is amended by repealing subsection (1) and substituting the following subsections:
Without limiting the powers conferred by any search warrant issued under section 94(1), every warrant issued under that section authorises the constable or animal product officer who is executing it, and any person called on by that constable or officer to assist, to exercise—
- all of the powers of an animal product officer under sections 88 to 91; or
- only such of those powers as are specified in the warrant.
To avoid doubt, Part 4 of the Search and Surveillance Act 2012 does not apply in respect of any exercise of a power under sections 89 to 91 as a consequence of subsection (1) of this section.
Section 96 is amended by repealing subsections (1) to (3).
Section 97 is amended by—
- omitting Section 199 of the Summary Proceedings Act 1957 applies to any property seized by a constable under a search warrant and, with any necessary modifications, to property seized under a search warrant by an animal product officer and substituting Subparts 1, 5, 6, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply in respect of any property seized under a search warrant; and
- repealing paragraphs (a) to (c).
The Schedule is repealed.