SCHEDULE 5 Sampling
Hydrocarbon Oil Duties Act 1979 (1979 c 5) | Legislation

SCHEDULE 5 Sampling

Section 24(5)

1

The person taking a sample—

(a)     if he takes it from a motor vehicle [vehicle or a vessel], shall if practicable do so in the presence of a person appearing to him to be the owner or person for the time being in charge of the vehicle [or the vessel];

(b)     if he takes the sample on any premises but not from a motor vehicle [vehicle or a vessel], shall if practicable take it in the presence of a person appearing to him to be the occupier of the premises or for the time being in charge of the part of the premises from which it is taken.

2

(1)     The result of an analysis of a sample shall not be admissible—

(a)     in criminal proceedings under the Customs and Excise Acts 1979; or

(b)     on behalf of the Commissioners in any civil proceedings under those Acts,

unless the analysis was made by an authorised analyst and the requirements of paragraph 1 above (where applicable) and of the following provisions of this paragraph have been complied with.

(2)     The person taking a sample must at the time have divided it

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