S.I. No. 198/1991 - European Communities (Control of Oestrogenic, Androgenic, Gestagenic and Thyrostatic Substances) (Amendment) Regulations, 1991.

S.I. No. 198 of 1991.

EUROPEAN COMMUNITIES (CONTROL OF OESTROGENIC, ANDROGENIC, GESTAGENIC AND THYROSTATIC SUBSTANCES) (AMENDMENT) REGULATIONS, 1991.

I, MICHAEL O'KENNEDY, Minister for Agriculture and Food, in exercise of the powers conferred on me my section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving further effect to Council Directive 81/602/EEC⁽¹⁾ of 31 July, 1981, Council Directive No. 81/851/EEC⁽²⁾ of 28 September, 1981, Council Directive 85/358/EEC⁽³⁾ of 16 July, 1985, Council Directive 86/469/EEC⁽⁴⁾ of 16 September, 1986, Council Directive No. 88/146/EEC⁽⁵⁾ of 7 March, 1988 and Council Directive No. 88/229/EEC⁽⁶⁾ 17 May, 1988, hereby make the following Regulations:

⁽¹⁾O.J. No L222, 07.08.1981, p.32.

⁽²⁾O.J. No L317, 06.11.1981, p. 1.

⁽³⁾O.J. No L191, 23.07.1985, p.46.

⁽⁴⁾O.J. No L275, 26.09.1986, p.36.

⁽⁵⁾O.J. No L70, 16.03.1988, p. l6.

⁽⁶⁾O.J. No L128, 21.05.1988, p.36.

1. (1) These Regulations, may be cited as the European Communities (Control of Oestrogenic, Androgenic, Gestagenic and Thyrostatic Substances) (Amendment) Regulations, 1991.

(2) The European Communities (Control of Veterinary Medicinal Products and their Residues) Regulations, 1988 and 1990 and these Regulations may be cited together as the European Communities (Control of Veterinary Medicinal Products and their Residues) Regulations, 1988 to 1991.

(3) These Regulations shall come into operation on the 1st day of August, 1991.

2. The European Communities (Control of Oestrogenic, Androgenic, Gestagenic and Thyrostatic Substances) Regulations, 1988 ( S.I. No. 218 of 1988 ), are hereby amended—

(a) in Regulation 15—

(i) by the insertion of "or a member of the Garda Síochána" after "authorised officer", and

(ii) by the insertion of "or, as the case may be such other members" after "such members",

(b) by the substitution of the following Regulations for Regulation 17:

"17. Subject to Regulation 17B of these Regulatins, where with reasonable cause a member of the Garda Síochána suspects that an offence under the hormone legislation or the veterinary medicines legislation within the meaning of the European Communities (Control of Veterinary Medicinal Products and their Residues) Regulations, 1990 ( S.I. No. 170 of 1990 )), has been committed and so suspects a person of having committed the offence, he may arrrest the person without warrant—

17A (1) Where with reasonable cause a member of the Garda Síochána suspects that a person is in possession in contravention of these Regulations of a prohibited substance or a prohibited substance within the meaning of the European Communities (Control of Veterinay Medicinal Products and their Residues) Regulations, 1990, he may without warrant—

(a) search the person and, if he considers it necessary for that purpose, detain the person for such time as is reasonably necessary for carrying out the search,

(b) search any vehicle in which he suspects that such substance may be found and for the purpose of carrying out the search, if he thinks fit, require the person who is, for the time being, in control of the vehicle to bring it to a stop and when stopped to refrain from moving it or, in case the vehicle is already stationary, to refrain from moving it, or

(c) seize and detain anything found in the course of a search under this Regulation which he reasonably suspects to be something which might be required as evidence in proceedings for an offence under these Regulations.

(2) Where a member of the Garda Síochána decides to search a person under this Regulation, he may require the person to accompany him to a Garda Síochána station for the purpose of being so searched at that station.

(3) Where there is a failure to comply with a requirement under this Regulation, the member of the Garda Síochána concerned may, subject to Regulation 17B of these Regulations, arrest without warrant the person of whom the requirement was made.

(4) A person who fails to comply with a requirement under this Regulation shall be guilty of an offence.

(5) Nothing in this Regulation shall operate to prejudice any power to search or to seize or detain property which may be exercised by a member of the Garda Síochána apart from this Regulation.

17B A member of the Garda Síochána shall not arrest a person pursuant to Regulation 17 or 17A (3) of these Regulations unless the member—

(a) with reasonable cause suspects that the person unless he is arrested either will abscond for the purpose of evading justice or will obstruct the course of justice,

(b) having enquired of the person, has reasonable doubts as to the persons identity or place of abode, or

(c) having enquired of the person, knows that the person does not ordinarily reside in the State or has reasonable doubts as to whether the person so resides.

GIVEN under my Official Seal, this 19th day of July, 1991.

MICHAEL O'KENNEDY,

Minister for Agriculture and Food.

EXPLANATORY NOTE.

These Regulations provide to extend the powers of authorised officers under the European Communities (Control of Oestrogenic, Androgenic, Gestagenic and Thyrostatic Substances) Regulations, 1988, to all members of the Garda Síochána. The Regulations also provide powers for members of the Garda Síochána to stop, search and, in certain circumstances, arrest without warrant persons suspected of having committed an offence under the Principal Regulations.