The Animal By-Products (Wales) Regulations 2006

Suspension, amendment and revocation of approvals, etc.

41.—(1) The National Assembly, by notice served on the operator–

(a) must suspend immediately an approval, authorisation or registration if any of the conditions under which it was granted are not complied with, and

(b) may suspend or amend an approval, authorisation or registration if it is satisfied that the provisions of the Community Regulation or these Regulations are not complied with.

(2) A suspension or amendment under paragraph 1(b)–

(a) must have immediate effect if the National Assembly considers that it is necessary for the protection of public or animal health;

(b) otherwise must not have effect for at least 21 days following service of the notice.

(3) The notice must–

(a) state when it comes into effect;

(b) give the reasons; and

(c) explain the right of the operator of the premises to make written representations to a person appointed by the National Assembly.

(4) If the notice does not have immediate effect, and representations are made under regulation 42, an amendment or suspension must not have effect until the final determination by the National Assembly in accordance with the following regulation unless the National Assembly decides that it is necessary for the protection of public or animal health for the amendment or suspension to have immediate effect and gives notice to the operator.

(5) The National Assembly may by notice revoke an approval, authorisation or registration if, following representations made under regulation 42, if any, in accordance with the following regulation, which upholds a suspension, it is satisfied, taking into account all the circumstances of the case, that the premises will not be operated in accordance with these Regulations and the Community Regulation.