The Bovine Semen (Scotland) Regulations 2007

PART 5 Administration and enforcement

Refusal of an approval or licence

32.  If the Scottish Ministers refuse to grant an approval or licence, or grant an approval or licence subject to conditions, they must–

(a) give their reasons in writing; and

(b) explain the right of the applicant to request a review of the decision to refuse to grant an approval or licence, or grant an approval or licence subject to conditions under regulation 36.

Provision of information to the Scottish Ministers

33.—(1) The Scottish Ministers may require an applicant for approval of a bovine animal, the holder of such an approval or the owner of a bovine animal to provide such information and to permit the bovine animal to be subjected to such tests and examinations as the Scottish Ministers consider necessary to enable them to decide whether the approval should be granted, suspended, amended or revoked.

(2) The previous owner of an approved bovine animal must notify the Scottish Ministers of the name and address of the new owner within 21 days of transferring ownership to the new owner.

(3) The owner of an approved bovine animal must, within 21 days of its death, notify the Scottish Ministers of the death, the circumstances in which the death occurred and the results of any post mortem examination.

(4) The Scottish Ministers may require an applicant for a bovine semen centre licence, or the holder of such a licence, to provide such information and to permit such tests and examinations as the Scottish Ministers consider necessary to enable them to decide whether the licence should be granted or maintained.

Suspension and amendment

34.—(1) The Scottish Ministers may suspend or amend an approval or licence granted under these Regulations in whole or in part if–

(a) any of the conditions under which it was granted are not fulfilled; or

(b) they are satisfied that the provisions of these Regulations are not being complied with.

(2) A suspension or amendment–

(a) may have immediate effect if the Scottish Ministers consider it necessary for the protection of public or animal health; and

(b) otherwise may not have effect for at least 21 days.

(3) Notification of the suspension or amendment must–

(a) be in writing;

(b) state what it applies to;

(c) state when it comes into effect;

(d) give reasons; and

(e) explain the right of the person who has been notified to request a review of the decision to suspend or amend an approval or licence under regulation 36.

(4) If the suspension or amendment does not have immediate effect or a request for a review is made under regulation 36, it must not have effect until the final determination by the Scottish Ministers of the review unless they consider that it is necessary for the protection of public or animal health for the amendment or suspension to have effect before then.

Revocation of an approval or licence

35.—(1) The Scottish Ministers may revoke an approval or licence granted under these Regulations in whole or in part if–

(a) they have notified their decision to suspend the approval or licence and the period for review under regulation 36 has expired;

(b) they have upheld their decision to suspend following an review under regulation 36;

(c) they have previously suspended the approval or licence and there is further non compliance with these Regulations; or

(d) they are satisfied that the occupier no longer uses the premises for the purpose for which a licence was granted.

(2) Notification of a revocation must–

(a) be in writing;

(b) state what it applies to;

(c) state when it comes into effect;

(d) give reasons; and

(e) in the case of a revocation under paragraph (1)(c) or (1)(d), explain the right of the person who has been notified to request a review of the decision to revoke an approval or licence under regulation 36.

(3) If a person does request a review under regulation 36, the revocation remains in force pending the outcome of the review.

Review

36.—(1) A person may apply in writing to the Scottish Ministers for a review of any decision of the Scottish Ministers concerning–

(a) the grant, refusal, suspension, amendment or revocation of an approval or licence under these Regulations; or

(b) the conditions to which an approval or licence is subject,

within 21 days of notification of the decision to that person.

(2) On an application under paragraph (1) the Scottish Ministers shall appoint such person as they think fit to consider the decision and make such recommendation (if any) as that person considers appropriate.

(3) The appointed person may include a member of the staff of the Scottish Administration.

(4) The applicant and the Scottish Ministers may make written submissions to the appointed person concerning the decision of the Scottish Ministers.

(5) The appointed person must report in writing to the Scottish Ministers.

(6) The Scottish Ministers must give to the applicant written notification of their determination of the application for review, and the reasons for it.

Notice prohibiting the use of semen

37.—(1) If an inspector thinks it necessary for the prevention of the spread of disease, the inspector may serve a notice on the owner of a bovine animal or on anyone the inspector believes to be the owner of the bovine animal or in possession of semen from that bovine animal.

(2) A notice served under paragraph (1) must–

(a) prohibit the use or trade of semen collected from the bovine animal;

(b) require the destruction of such semen; and

(c) require the identification of any other person who may be in possession of the bovine animal or its semen.

(3) If a notice served under this regulation is not complied with, an inspector may enter any premises on which the inspector knows or suspects semen, which is the subject of the notice, is kept and may seize the semen and arrange for the requirements of the notice to be met.

Notice concerning illegal consignments

38.—(1) If an inspector knows or suspects that semen has been imported from another member State in contravention of the Directive, the inspector may serve a notice in accordance with paragraph (2) on the person appearing to the inspector to be in charge of the semen.

(2) The notice may require that person to–

(a) keep semen at such place as the notice may specify;

(b) destroy semen in accordance with the requirements of the notice; or

(c) take such other action as the inspector may specify.

(3) If a notice served under this regulation is not complied with, an inspector may enter any premises on which the inspector knows or suspects semen which is the subject of the notice to be kept and may seize the semen and arrange for the requirements of the notice to be met.

Provision of false information

39.  No person shall provide any information or make any statement for the purpose of obtaining an approval or licence under these Regulations which that person knows to be false or misleading.

Examination of bovine semen centres

40.  The Scottish Ministers must examine all bovine semen centres at least twice a year.

Payment of fees

41.—(1) A fee is payable to the Scottish Ministers, on invoice, for–

(a) an application for an approval of a bovine animal under regulations 7 or 10;

(b) an application for a bovine semen centre licence under regulation 4;

(c) testing of a bovine animal under Part 2 of Schedule 3 and Part 2 of Schedule 5; and

(d) examination of a bovine semen centre under regulation 40.

(2) The fee payable under paragraph (1) is the sum of–

(a) the travel costs of the veterinary officer and any necessary assistant in relation to the relevant application, test or examination;

(b) the costs of officials considering the relevant application, test or examination; and

(c) the costs of laboratory tests on bovine animals.

(3) The Scottish Ministers shall publish the current fees payable under paragraph (1) on the website of the Scottish Executive(1).

Refund of fees

42.  If an application under these Regulations is withdrawn before its determination, the Scottish Ministers may refund to the applicant all or part of any fee paid under regulation 41 in respect of that application as the Scottish Ministers think fit, having regard to any costs reasonably incurred by them in connection with the application.

Transitional provisions

43.  Licences and approvals granted under the provisions of the Artificial Insemination of Cattle (Animal Health) (Scotland) Regulations 1985(2) listed in the first column of Schedule 10 shall continue to have effect as if they were approvals or licences granted under these Regulations in accordance with the corresponding provisions of these Regulations listed in the second column of that Schedule, provided that, in the case of premises, the premises comply with, and are operated in accordance with, the provisions of these Regulations.

Amendment of the Artificial Insemination (Cattle and Pigs) (Fees) Regulations 1987

44.  In the Artificial Insemination (Cattle and Pigs) (Fees) Regulations 1987(3)–

(a) in regulation 2(1) omit the definition of “the principal cattle Regulations”;

(b) in regulation 3(1)–

(i) for the words “Subject to paragraph (1A) below, there” substitute “There”; and

(ii) omit the words “the principal cattle Regulations and”;

(c) omit regulation 3(1)(a);

(d) omit regulation 3(1A);

(e) in regulation 4, omit the words “the principal cattle Regulations or”; and

(f) omit Schedule 1.

Revocations

45.—(1) The Regulations in Part 1 of Schedule 11 are revoked insofar as they extend to Scotland.

(2) The Regulations in Part 2 of Schedule 11 are revoked.

(1)

www.scotland.gov.uk.

(2)

S.I. 1985/1857(S.138), amended by S.I. 1987/904, 1992/1192(S.114), 1995/2556(S.185), S.S.I. 2001/179 and S.S.I. 2002/191.

(3)

S.I. 1987/390, amended by S.I. 1992/2592.