- Latest available (Revised)
- Point in Time (16/12/2005)
- Original (As made)
Version Superseded: 01/02/2007
Point in time view as at 16/12/2005.
There are currently no known outstanding effects for the The Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2002 (revoked), PART II.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
4. These Regulations shall be executed and enforced–
(a)by the Scottish Ministers at a border inspection post within Scotland designated and approved for veterinary checks only on products referred to in Annex I of Directive 92/118/EEC which are not intended for human consumption;
(b)by the Agency at–
(i)premises required to be licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995 M1, the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 M2 or the Wild Game Meat (Hygiene and Inspection) Regulations 1995 M3; and
(ii)combined premises as defined in the Meat Products (Hygiene) Regulations 1994 M4, or the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 M5; and
(c)subject to [F1regulations 5(1) and 16] by the local authority at any border inspection post in its area, except a border inspection post referred to in paragraph (a), and [F2at premises] elsewhere in its area, except at premises referred to in paragraph (b).
Textual Amendments
F1Words in reg. 4(c) substituted (11.4.2003) by The Products of Animal Origin (Third Country Imports) (Scotland) Amendment (No. 2) Regulations 2003 (S.S.I. 2003/225), regs. 1, 2(3)
F2Words in reg. 4(c) inserted (1.4.2003) by The Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2003 (S.S.I. 2003/165), regs. 1, 2(4)
Marginal Citations
M1S.I. 1995/539, amended by S.I. 1995/1763 and 2200 and 1996/1148 and 2235, 1997/1729 and 2074 and S.S.I. 2000/62, 171 and 288, 2001/160, 358, 394 and 429 and 2002/35 and 234.
M2S.I. 1995/540, amended by S.I. 1995/1763, 2200 and 3205, 1997/1729 and S.S.I. 2000/62, 171 and 288 and 2002/87 and 234.
M3S.I. 1995/2148, amended by S.I. 1995/3205 and S.S.I. 2000/62.
M4S.I. 1994/3082, amended by S.I. 1995/539, 1763, 2200 and 3205, 1996/1499 and 1999/683 and S.S.I. 2000/62, 171 and 288 and 2001/160, 358, 394 and 429 and 2002/35.
M5S.I. 1995/3205, amended by S.I. 1996/3124, S.S.I. 2000/62, 171 and 288, 2001/358, 394 and 429 and 2002/35.
5.—(1) If the Scottish Ministers consider that a local authority is failing or has failed to execute or enforce these Regulations generally, or in any class of cases, or in an individual case, they may empower an authorised officer or the Agency to execute or enforce them in place of that local authority.
(2) The Scottish Ministers or the Agency may recover from the local authority concerned any expenses reasonably incurred by them or it under paragraph (1).
6.—(1) The Scottish Ministers shall appoint–
(a)an official veterinary surgeon to carry out the regulatory functions at any border inspection post within Scotland designated and approved for veterinary checks only on products referred to in Annex I of Directive 92/118/EEC which are not intended for human consumption; and
(b)such appropriately trained assistants for each official veterinary surgeon appointed pursuant to sub-paragraph (a) as may be necessary for the proper and expeditious performance of the regulatory functions.
(2) A local authority shall appoint–
(a)an official veterinary surgeon to carry out the regulatory functions at each border inspection post in its area, other than a border inspection post referred to in sub paragraph (1)(a);
(b)an official fish inspector to carry out the regulatory functions in relation to fishery products at each border inspection post in its area, other than a border inspection post referred to in sub-paragraph (1)(a); and
(c)such appropriately trained assistants for each official veterinary surgeon appointed pursuant to sub-paragraph (2)(a), and each official fish inspector appointed pursuant to sub-paragraph (2)(b), as may be necessary for the proper and expeditious performance of the regulatory functions.
7. An official veterinary surgeon, an official fish inspector or an authorised officer may, at all reasonable hours and on producing, if so required, some duly authenticated document showing authority, exercise the powers conferred by regulations 8 and 9 for the purpose of–
(a)executing or enforcing these Regulations;
(b)executing or enforcing any declaration made by the Scottish Ministers or the Agency pursuant to regulation 54;
(c)ascertaining whether these Regulations are being or have been complied with; or
(d)verifying the identity, origin or destination of any product.
8.—(1) An official veterinary surgeon, official fish inspector or authorised officer may–
(a)enter any border inspection post within Scotland or other land or premises (except premises used only as a dwelling house) and inspect the same and anything therein or thereon;
(b)open any bundle, package, packing case, or item of personal luggage, or require any person in possession of or accompanying the same to open it;
(c)inspect the contents of any bundle, package, packing case or item of personal luggage opened pursuant to sub-paragraph (b);
(d)inspect any product, including its packaging, seals, marking, labelling and presentation, and any plant or equipment used for or in connection with any product; and
(e)take samples of any product.
(2) Where an official veterinary surgeon, official fish inspector or authorised officer takes a sample of a product otherwise than in the course of a physical check carried out pursuant to regulation 19(1), that veterinary surgeon, inspector or officer may serve notice on the person appearing to that veterinary surgeon, inspector or officer to have charge of the consignment which includes the product, requiring that the consignment or part thereof be stored until that veterinary surgeon, inspector or officer serves a further notice that the same may be removed, under the supervision of the veterinary surgeon, inspector or officer, as the case may be, at such place and under such conditions as may be directed in the notice; and the costs of such storage shall be paid by the recipient of the notice or the person responsible for the consignment.
(3) An official veterinary surgeon, official fish inspector or authorised officer entering any land or premises pursuant to sub-paragraph (1)(a) may be accompanied by–
(a)other persons acting under the instructions of that veterinary surgeon, inspector or officer;
(b)one or more representatives of the European Commission; and
(c)one or more representatives of the authorities of a third country, appointed and acting in accordance with the provisions of one of the equivalence decisions listed in Schedule 4.
9. An official veterinary surgeon, official fish inspector or authorised officer may–
(a)require any person appearing to that veterinary surgeon, inspector or officer to have charge of a product, any person responsible for a product and any corporate officer, employee or agent of any such persons, to produce any relevant document in the possession or under the control of that person relating to the product, and to supply such additional information in the possession or under the control of that person relating to the product as the veterinary surgeon, inspector or officer may reasonably request;
(b)examine any relevant document relating to a product and, where it is kept by means of a computer, have access to and inspect and check the operation of any computer and associated apparatus or material which is or has been used in connection with that relevant document;
(c)make and retain such copies as the official veterinary surgeon, official fish inspector or authorised officer may think fit of any relevant document relating to a product; and
(d)seize and retain any relevant document relating to a product which the official veterinary surgeon, official fish inspector or authorised officer has reason to believe may be required as evidence in proceedings under these Regulations, and, where any such relevant document is kept by means of a computer, require it to be produced in a form in which it may be taken away.
10.—(1) No authorised officer, official veterinary surgeon, official fish inspector, or assistant appointed pursuant to regulation 6 shall be personally liable in respect of any act done in the performance or purported performance of the regulatory functions within the scope of that officer’s, veterinary surgeon’s, inspector’s or assistant’s employment if it was done in the honest belief that a duty under these Regulations required or entitled such an act.
(2) Paragraph (1) shall not relieve the Scottish Ministers, a local authority or the Agency from any liability in respect of acts of their or its officers.
11. If a sheriff or justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry into any land or premises by an official veterinary surgeon, official fish inspector or authorised officer for any of the purposes specified in regulations 7, 8, or 9 and either–
(a)that entry has been refused, or a refusal is reasonably expected, and that notice of the intention to apply for an entry warrant has been given to the occupier; or
(b)that a request for entry, or the giving of such a notice, would defeat the object of entry, or that entry is urgently required, or that the land or premises are unoccupied, or the occupier is temporarily absent, and it would defeat the object of entry to await the occupier’s return,
the sheriff or justice may issue a warrant valid for a period of no more than one month authorising the official veterinary surgeon, official fish inspector or authorised officer to enter the land or premises, if need be by reasonable force.
12.—(1) For each border inspection post in its area, a local authority shall submit to the Scottish Ministers a return comprising–
(a)the total number of consignments checked, categorised by groups of products and by country of origin;
(b)a list of consignments of which samples were taken and the results of any test or analysis of each sample; and
(c)a list of consignments required to be re dispatched or destroyed pursuant to regulation 21 by the official veterinary surgeon or official fish inspector, together with, in each case, their country of origin, establishment of origin (if known), a description of the product concerned and the reason for refusal.
(2) The Scottish Ministers shall determine how frequently the returns referred to in paragraph (1) are to be submitted and what period of time they are to cover.
12A.—(1) For the purposes of the execution or enforcement of these Regulations, the Scottish Ministers, the Commissioners, any local authority and the Agency may exchange amongst themselves any information received by them in the execution or enforcement of these Regulations.
(2) The Scottish Ministers, the Commissioners, any local authority and the Agency may share information received by them in the execution or enforcement of these Regulations with enforcement agencies in England, Wales and Northern Ireland for the purposes of the execution or enforcement of legislation on the introduction of products of animal origin from third countries in England, Wales and Northern Ireland respectively enacted in implementation of Directive 97/78/EC.
(3) Paragraphs (1) and (2) are without prejudice to any function of the Scottish Ministers, the Commissioners, any local authority and the Agency in respect of the disclosure of information.]
Textual Amendments
F3Reg. 12A inserted (11.4.2003) by The Products of Animal Origin (Third Country Imports) (Scotland) Amendment (No. 2) Regulations 2003 (S.S.I. 2003/225), regs. 1, 2(4)
13.—(1) If the Scottish Ministers are satisfied that–
(a)the continued operation of a border inspection post within Scotland presents a serious risk to public or animal health; or
(b)there has been at a border inspection post within Scotland a serious breach of the requirements for the approval of border inspection posts laid down in Annex II to Directive 97/78/EC [F4or in Commission Decision 2001/812/EC] laying down requirements for the approval of border inspection posts responsible for veterinary checks on products introduced into the Community from third countries M6,
they shall serve on the operator of the border inspection post concerned a written notice stating that the approval of the premises as a border inspection post in accordance with Article 6(2) or 6(4) of Directive 97/78/EC is suspended.
(2) Upon service of a notice pursuant to paragraph (1) the premises shall cease to be a border inspection post, notwithstanding that it may still appear on the list of border inspection posts referred to in Article 6(2) or 6(4) of Directive 97/78/EC, until it is again designated and approved in accordance with Article 6 (2) or 6(4).
Textual Amendments
F4Words in reg. 13(1)(b) substituted (11.4.2003) by The Products of Animal Origin (Third Country Imports) (Scotland) Amendment (No. 2) Regulations 2003 (S.S.I. 2003/225), regs. 1, 2(5)
Marginal Citations
M6O.J. No. L 306, 23.11.2001, p.28.
14. In Parts III to VIII and XII, where a fishery product is concerned, the expression “official veterinary surgeon” shall be construed as indicating an official fish inspector.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: