Regulation 5 Revocation of licences

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 5 words substituted by Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) 2000 Sch. 4 Pt. 3 para. 2(1)(2)
reg. 5(1) words substituted for word by Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) 2000 Sch. 4 Pt. 3 para. 4(1)(2)
reg. 5(2)(a) word substituted for word by Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) 2000 Sch. 4 Pt. 3 para. 5(1)(2)
reg. 5(1)(1)(a) words substituted by Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) 2000 Sch. 4 Pt. 3 para. 2(1)(2)
reg. 5(1)(e) words substituted by Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) 2000 Sch. 4 Pt. 3 para. 2(1)(2)
reg. 5(2)(3) words substituted by Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) 2000 Sch. 4 Pt. 3 para. 2(1)(2)
reg. 5(1) words substituted by Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) 2000 Sch. 4 Pt. 3 para. 4(1)(2)
reg. 5(2)(a) word substituted by Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) 2000 Sch. 4 Pt. 3 para. 5(1)(2)
reg. 5(1) words substituted by Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) 2000 Sch. 4 Pt. 3 para. 6(1)(2)
reg. 5(1)(b) words revoked by Meat (Enhanced Enforcement Powers) 2001 reg. 2(8)
reg. 5(1)(c) substituted by Meat (Enhanced Enforcement Powers) 2001 reg. 2(9)
reg.5 rev. in pt. by Meat (Enhanced Enforcement Powers) 2000 reg.2(8)
reg.5 amended by Meat (Enhanced Enforcement Powers) 2000 reg.2(9)
reg.5 rev. in pt. by Meat (Enhanced Enforcement Powers) 2000 reg.2(8)
reg.5 amended by Meat (Enhanced Enforcement Powers) 2000 reg.2(9)
reg. 5(1)(b) words inserted by Deregulation (Slaughterhouses Act 1974 and Slaughter of Animals (Scotland) Act 1980) 1996 art. 10(2)

(1)

The Minister may revoke a licence granted by him in respect of any premises and, where appropriate, require the withdrawal of the equipment for application of the health mark if, after an inspection of, or any inquiry into, the operation or structure of the premises and a report by an OVS or veterinary officer, he is satisfied that—

(a)

the conditions of hygiene at those premises are inadequate and the occupier has failed to take the necessary measures to make good the shortcomings within such period as the Minister may specify;

(b)

any requirement of these Regulations as to hygiene has not been complied with and inadequate or no action has been taken to ensure that a similar breach does not occur in future;

(c)

any condition attached to the licence in accordance with regulation 4(6), (7), (8) or (9) has not been complied with;

(d)

the premises no longer fall within these Regulations—

(i)

because the business carried on at the premises has ceased to be or include the slaughter of animals or the handling or storing of fresh meat; or

(ii)

because they have become exempt under regulation 3; or

(e)

any of the requirements specified by the Minister in a temporary derogation in accordance with Council Directive 91/498/EEC has not been complied with.

(2)

The Minister shall give the occupier of the premises notice in writing—

(a)

of his decision to revoke the licence;

(b)

of the date on which the revocation is to take effect;

(c)

of the reasons for revocation;

(d)

of his right to appeal under regulation 6; and

(e)

of the time allowed for appealing.

(3)

In paragraph (2) above “occupier”, in relation to a proposed revocation by virtue of paragraph (1)(d)(i) above, where the premises are vacant, means the last person known to the Minister to have carried on at the premises business for which the licence was granted or his successor in respect of that business.