86Directions relating to seizure

86 Directions relating to seizure

(1) To enable a thing to be seized under this Part, a rail safety officer may direct the person in control of it— (a) to take it to a specified place within a specified time; and (b) if necessary, to remain in control of it at the specified place for a period specified in the direction. (2) A direction under sub‑section (1)— (a) must be given by signed notice in writing given to the person; or (b) if for any reason it is not practicable to give a signed notice in writing to the person—may be given orally and confirmed by signed notice in writing given to the person as soon as is practicable. (3) A further direction may be made under this section about the thing if it is necessary and reasonable to make the further direction.

Note: Example: A further direction may be that the thing be transported during stated off‑peak hours, be transported along a particular route, or be transported in a particular way.

(4) A person given a direction under sub‑section (1) or (3) must comply with that direction unless the person has a reasonable excuse.

Penalty:

(5) Without limiting what may otherwise be a reasonable excuse under sub‑section (4), it is a reasonable excuse for a person in control of a thing not to comply with a direction under sub‑section (1) of (3) if in the all the circumstances, the direction was unreasonable. (6) In this section—

in control, in relation to a thing, means having, or reasonably appearing to a rail safety officer as having, authority to exercise control over the thing.