Regulation 20 Suspension notices and orders
If an inspector is satisfied that the despatch risk is fulfilled with respect to a consignment on business premises of any goods, products, by-products or material of a kind described in regulation 3(1), 4(1) or 6 above, any controlled bovine by-products or foreign origin bovine by-products, or any foreign origin export eligible goods, DBES goods or ECHS goods, he may, by a notice served on the proprietor of the business (a “suspension notice”), impose a suspension of the use of the premises for–
the despatch of those goods, products, by-products or material for any purpose in relation to the despatch risk; and
the receipt or despatch for any such purpose of any other goods, products, by-products or material of a similar kind.
If a magistrates' court or, in Scotland, the sheriff is satisfied, on the application of an inspector, that the despatch risk is fulfilled with respect to a consignment on business premises of any such goods, products, by-products or material of a kind referred to in paragraph (1) above, the court or sheriff shall, by an order (a “suspension order”), impose a suspension of the use of the premises for–
the despatch of those goods, products, by-products or material; and
the receipt or despatch of any other goods, products, by-products or material of a similar kind.
An inspector shall not apply for a suspension order unless, at least one day before the date of the application, he has served notice on the proprietor of the business of his intention to apply for the order.
As soon as practicable after the service of a suspension notice, an inspector shall affix a copy of the notice in a conspicuous position on such premises used for the purpose of the business as the inspector considers appropriate.
As soon as reasonably practicable after the making of a suspension order, an inspector shall–
serve a copy of the order on the proprietor of the business; and
affix a copy of the order in a conspicuous position on such premises used for the purpose of that business as the inspector considers appropriate.
A suspension notice shall cease to have effect–
if no application for a suspension order is made within the period of three days beginning with the service of the notice, at the end of that period; and
if such an application is so made, on the determination or abandonment of the application.
A suspension notice or suspension order shall cease to have effect on the issue by the Minister of a certificate to the effect that he is satisfied that the proprietor has taken sufficient measures to secure that the despatch risk is no longer fulfilled with respect to the use of the premises for the receipt and despatch of goods, products, by-products or material.
The Minister shall issue a certificate under paragraph (7) above within three days of his being satisfied as mentioned in that paragraph; and on an application by a proprietor for such a certificate, the Minister shall–
determine, as soon as is reasonably practicable and in any event within the period of 14 days beginning on the day on which the proprietor makes that application, whether or not he is so satisfied; and
if he determines that he is not so satisfied, give notice to the proprietor of the business of the reasons for that determination.
Where a suspension notice is served on the proprietor of a business, the Minister shall compensate him in respect of any loss suffered by reason of his complying with the notice unless–
an application for a suspension order is made within the period of three days beginning with the service of the notice; and
the court declares itself satisfied, on the hearing of the application, that the despatch risk was fulfilled with respect to the business at the time when the notice was served;
and any disputed question as to the right to or the amount of any compensation payable under this paragraph shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.
For the purposes of this regulation, the “despatch risk” in respect of a consignment of goods, products, by-products or material is the risk that some or all of those goods, products, by-products or material will be despatched to a member State or a third country.