The Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2002

PART XII NOTICES AND DECISIONS

Form and content of notices

60.  Any notice served by the Scottish Ministers, the Agency, an official veterinary surgeon, an official fish inspector or an authorised officer pursuant to a provision of these Regulations shall be in writing and may be made subject to conditions and may be amended, suspended or revoked in writing at any time.

Service of notices

61.—(1) Any notice or other document to be given or served on any person under or in relation to these Regulations may be given or served either–

(a) by delivering it to that person;

(b) in the case of an incorporated body, by delivering it or sending it by post to their secretary or clerk at their registered or principal office; or

(c) in the case of any other person, by leaving it, or sending it by post to that person, at the usual or last known address of that person.

(2) Where a notice or other document is to be given or served on the owner, proprietor, operator or occupier of any premises and it is not practicable after reasonable enquiry to ascertain the name and address of the person to or on whom it should be given or served, or the premises are unoccupied, the document may be given or served by addressing it to the person concerned by the description of “owner”, “proprietor”, “operator” or “occupier” of the premises (naming them) and–

(a) by delivering it to some person on the premises; or

(b) if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.

(3) Where the person to be served is a company registered, or a partnership carrying on business, outside the United Kingdom, and the company or partnership has an office within the United Kingdom, the principal office of that company or partnership for the purposes of paragraph (1) shall be its principal office within the United Kingdom.

(4) If the person to be served with any such notice has furnished the person by whom the notice is to be served with an address pursuant to any provision of these Regulations, that address shall be treated as the proper address of the person to be served for the purposes of this regulation.

(5) For the purposes of this regulation, “posting” a notice means sending it pre-paid by a postal service which seeks to deliver documents by post within the United Kingdom no later than the next working day in all or the majority of cases, and to deliver documents by post outside the United Kingdom within such period as is reasonable in all the circumstances.

Notification of decisions

62.  Where, under any provision of these Regulations, a decision is taken in relation to a product or consignment, the person taking the decision shall, if so requested, notify the person responsible for the product or consignment in writing of the decision and the reasons for it, together with details of that person’s right of appeal against the decision including the procedure and time limits applicable.