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Regulation 10 Powers of official veterinary surgeons and veterinary officers

Original text. Later amendments are not shown.

(1)

Where it appears to an official veterinary surgeon that any of the requirements of these Regulations is no longer being complied with in respect of any premises he may, by notice in writing given to the occupier of the premises—

(a)

prohibit the use of any equipment or any part of the premises specified in the notice; or

(b)

require the rate of operation to be reduced to such an extent as is specified in the notice.

(2)

A notice given under paragraph (1) above shall specify the breach of the Regulations that has occurred and the action needed in order to remedy it and it shall be copied to the local authority and the appropriate Minister; and

(a)

such a notice shall be withdrawn by a further notice in writing given by an official veterinary surgeon to the occupier of the premises as soon as an official veterinary surgeon is satisfied that such action has been taken; and

(b)

so long as such a notice is in effect, the licence in respect of the premises shall be treated as being altered by the addition of the requirements specified in the notice and the other provisions of the licence shall be subject to those requirements.

(3)

An official veterinary surgeon or a veterinary officer may subject any animal or any carcase or meat in any premises to such examinations (including the taking and analysis of samples) as he may reasonably consider to be necessary for the protection of public health; and an official veterinary surgeon, veterinary officer or an inspector may, by notice in writing given to the occupier of any such premises, state that he requires to examine an animal, carcase or meat specified in the notice on the premises and once such notice is received the occupier shall detain any such animal, carcase or meat until such time as he is informed in writing, as soon as practicable, by the official veterinary surgeon or veterinary officer (as the case may be) that the result of any such examination has been obtained.

(4)

A veterinary officer may at any time give to an official veterinary surgeon such reasonable directions as he may consider necessary so as to ensure that the duties and functions of such a person under the Regulations are being complied with and the official veterinary surgeon shall comply with those directions; where such a direction is given in writing, a copy shall be sent to the appropriate local authority.

(5)

A person who is aggrieved by a decision of an official veterinary surgeon pursuant to paragraph (1) above may appeal to a magistrates' court or, in Scotland, to the sheriff.