23Taking samples

23 Taking samples

(1) An inspector who takes a sample: (a) must: (i) take 2 or more samples that are as uniform as practicable; and (ii) put each sample into a separate container; and (iii) securely seal and label the containers; and (iv) send one or more of the containers to an accredited laboratory or accredited person by means that will ensure the safe arrival of the container’s contents; and (b) may keep one or more of the containers for any further inspection, examination, measuring or testing. (2) If the occupier, or another person who apparently represents the occupier, of the premises where the samples are taken is present when the samples are taken: (a) the inspector must ask the occupier or other person to inspect the containers to satisfy the occupier or other person that they have been sealed and labelled properly; and (b) if the samples are of fuel that is in a liquid state at standard temperature and pressure—one of the containers must be given to the occupier or other person. (3) If the occupier or other person mentioned in subsection (2) is not present and the samples are of fuel that is in a liquid state at standard temperature and pressure, the inspector must: (a) keep one of the containers; and (b) if the occupier of the premises asks for the container within 1 week after the sample was taken, give the container to the occupier. (4) The procedure mentioned in paragraph (2)(a) need not be strictly complied with and substantial compliance is sufficient. (5) In this section, a reference to standard temperature and pressure is a reference to a temperature of 0 degrees Celsius and a pressure of 100 kilopascals.