52ASample-taking procedure

52A Sample-taking procedure

(1)  In this section –

person from whom the sample was taken means –

(a) in the case of an inspection or search under section 26 , 27 , 37 or 38 , the driver of the vehicle, or the person apparently in charge of the vehicle; and

(b) in the case of an inspection or search under section 43 or 44 , the occupier, or apparent occupier for the time being, of the premises.

(2)  Despite anything in this Part to the contrary, an authorised officer may only take a sample if it is safe to do so and if the taking of the sample will not result in a dangerous situation arising.

(3)  Unless it is not safe to do so, the authorised officer must, immediately after taking any sample of a substance, divide the sample into the following parts:

(a) one part that is to be retained for future comparison;

(b) one part that is to be given to the person from whom the sample was taken;

(c) if the authorised officer intends to have the sample tested or analysed, one part for the purposes of that testing or analysis.

(4)  The authorised officer must then –

(a) enclose each part of the sample in a container that prevents the contamination of the sample; and

(b) mark or label the container in a way that enables the part of the sample to be identified.

(5)  If an authorised officer intends to take a sample of any packaging under this Part, before removing the packaging from the vehicle or premises, as the case may be, he or she must give a written receipt, that identifies the sample, to the person from whom the sample was taken.

(6)  If an authorised officer finds numerous packages during an inspection or search and the packages appear to be identical, the authorised officer may take one or more of the packages as samples.