PART 3Eggs in shell for consumption
Authorisation of packing centres to grade eggs8
1
The Scottish Ministers are designated as the competent authority for the purpose of the first sub paragraph of Article 5(2) of Commission Regulation (EC) No. 589/2008 (authorisation of undertakings as packing centres to grade eggs).
2
Where an application is made to the Scottish Ministers under the first sub paragraph of Article 5(2) of Commission Regulation (EC) No. 589/2008 to authorise an undertaking as a packing centre to grade eggs, they must notify the applicant in writing of the matters specified in paragraph (3) within 28 days.
3
The specified matters for the purpose of paragraph (2) are–
a
the decision of the Scottish Ministers on the application;
b
the reasons for any refusal to grant an authorisation; and
c
in the case of any refusal to grant an authorisation, the right of appeal conferred by regulation 17.
4
Where the Scottish Ministers decide to withdraw an authorisation of a packing centre to grade eggs because of a contravention of or failure to comply with any of the requirements mentioned in the first sub paragraph of Article 5(2) of Commission Regulation (EC) No. 589/2008, they must notify the person carrying on business at the packing centre in writing of the matters specified in paragraph (5) within 28 days.
5
The specified matters for the purpose of paragraph (4) are–
a
the decision of the Scottish Ministers to withdraw the authorisation;
b
the date on which the withdrawal of the authorisation is to take effect;
c
the reasons for the withdrawal; and
d
the right of appeal conferred by regulation 17.
6
For the purposes of calculating the 28 day time limit specified in paragraph (2) no account is to be taken of any period–
a
during which the Scottish Ministers request an applicant to provide further data and the data have not been provided; or
b
any period that the applicant is given–
i
to provide oral or written explanations; or
ii
to comply with any requirements laid down in the first sub paragraph of Article 5(2) of Commission Regulation (EC) No. 589/2008.
7
In this regulation anything to be done in writing–
a
may be done by an electronic communication within the meaning of the Electronic Communications Act 2000 if it is recorded and is subsequently capable of being reproduced;
b
must only, unless it is an application under paragraph (2), be sent to a person as an electronic communication if that person has consented to the use of that method of communication;
c
if done by electronic communication shall be regarded as sent when the text of it is received in legible form.