Commentary on Sections Enforcement
19.New section 36E applies where a person has not complied with a requirement of a restriction notice in relation to a sheep which is not subject to an appeal or which as a result of a successful appeal are no longer subject to a restriction notice. Subsection (3) enables the Secretary of State to take such reasonable steps as he considers appropriate to remedy the failure to comply. Subsection (4) provides that these may include arrangements for the slaughter or castration or sterilisation of the sheep. Subsection (5) provides power for the Secretary of State to make Regulations supplementing the provisions of section 36E.
20.New section 36F creates offences. Subsection (1) creates offences committed by the person given a restriction notice of selling a sheep to which the restriction notice applies, or its semen, eggs or embryos, or failing without reasonable excuse to comply with any of the restrictions imposed on him by subsections (7) to (9) of section 36C. Subsection (2) creates an offence for anyone else knowingly to use semen, eggs or embryos taken from a sheep subject to a restriction notice. Subsection (3) creates an offence of failing to comply with provisions of Regulations made under section 36B (provision for arrangements to enable genotypes in sheep to be established). Subsection (4) creates an offence of obstructing an inspector or anyone else in the discharge of their functions under Part 2A of the Act.