Regulation 9 Border Control PostsF1

Scotland

(1)

A border control post is a place (together with the facilities at that place) designated by the Scottish Ministers in accordance with Article 59 of the F2Official Controls Regulation for the purpose of the performance of official controls as specified in Article 47(1) of that Regulation.

(2)

If at any time the Scottish Ministers are of the opinion that any part of the inspection facilities at a border control post no longer complies with the requirements for approval, the relevant authority may, in accordance with Articles 61 to 63 of the F3Official Controls Regulation, serve a notice on the operator—

(a)

specifying the nature of the non-compliance;

(b)

providing a time limit within which the requirements must be complied with; and

(c)

prohibiting the use of that part of the facilities until the requirements are complied with.

(3)

If the notice is not complied with, the Scottish Ministers may suspend the approval in relation to that part of the inspection facilities.

(4)

The Scottish Ministers must suspend the approval of a border control post, and order its activities to cease for all, or specified categories of, animals or products where the Scottish Ministers consider that—

(a)

the operator of a border control post is in serious breach of the requirements relating to the performance of official controls for any of the categories of animal or product for which the border control post has been designated;

(b)

the operator of a border control post is in serious breach of the requirements for approval; or

(c)

the operation of the border control post creates a risk to human or animal health or animal welfare.

F4(5)

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Annotations

Textual amendments

F1: Reg. 9 substituted (14.12.2019) by The Official Controls (Agriculture etc.) (Scotland) Regulations 2019 (S.S.I. 2019/412), regs. 1(1), 24(9)
F2: Words in reg. 9(1) substituted (31.12.2020) by The Trade in Animals and Related Products (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/458), regs. 1(3), 2(7)(a)
F3: Words in reg. 9(2) substituted (31.12.2020) by The Trade in Animals and Related Products (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/458), regs. 1(3), 2(7)(a)
F4: Reg. 9(5) omitted (31.12.2020) by virtue of The Trade in Animals and Related Products (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/458), regs. 1(3), 2(7)(b)