Exception to s 138
139 Exception to s 138
This section applies to a sample of a substance being taken by an inspector for analysis if dividing the substance into 3 separate parts would, in the inspector’s opinion—
so affect or impair the composition or quality of the sample as to make the separate parts unsuitable for accurate analysis; or
result in the separate parts being of an insufficient size for accurate analysis; or
otherwise make the sample unsuitable for analysis (including a method of analysis prescribed by regulation for the substance in relation to which the sample was taken).
The inspector may take as many samples as the inspector considers necessary to allow an accurate analysis to be made, and may deal with the sample or samples in any way that is appropriate in the circumstances, instead of complying with section 138.
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
- Dangerous Substances (Explosives) Regulation 2004 · under s 223
- Dangerous Substances (General) Regulation 2004 · Rule · under s 223
This Act’s bill:Explanatory statementSecond reading speech
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