OpenLegislation

Article 10 General provisions as to notices and licences

Original text. Later amendments are not shown.

(1)

All licences issued and notices served under this Order –

(a)

shall be in writing;

(b)

may be subject to conditions;

(c)

may be varied, suspended or revoked by a veterinary inspector by notice in writing at any time; and

(2)

A general licence issued under this Order may be notified in such manner as the Scottish Ministers may reasonably consider most appropriate.

(3)

If a licence is a specific licence issued under this Order, it shall accompany whatever is being moved under its authority and any person acting under the authority of such a licence shall, on demand made by a veterinary inspector or other officer of the Scottish Ministers, by an inspector of a local authority, or by a police constable–

(a)

produce the licence;

(b)

allow a copy or extract to be taken; and

(c)

furnish that person’s name and address.

(4)

Where a person is aggrieved by a decision of a veterinary inspector or an inspector of a local authority in relation to a specific licence issued or a notice served under this Order, or as to the restrictions or requirements imposed in such a notice or the conditions imposed in such a specific licence, or as to the variation, suspension or revocation of such a specific licence or in the case of a general licence issued under this Order as to the variation or suspension of that licence in its application to any movement of animals, that person may, within the period of 21 days of the date when that person receives notice of that decision, require that the Scottish Ministers review that decision, and in carrying out that review the Scottish Ministers shall–

(a)

afford that person an opportunity of making representations for consideration by an officer of the Scottish Ministers who has not been involved in the initial decision, and who will prepare a report following consideration of those representations;

(b)

supply a copy of the report by that officer to that person;

(c)

consider the report by that officer before making a decision on the review; and

(d)

give to that person notification of the decision on the review and the reasons for that decision.

(5)

The making of a request to review the decision of the Scottish Ministers, if relating to the restrictions or requirements imposed or to be imposed in a notice served under this Order, or the conditions imposed or to be imposed in or relating to variation, suspension or revocation of a specific or general licence issued under this Order, shall not have the effect of suspending the decision concerned pending that review.