The Beef and Pig Carcase Classification (Scotland) Regulations 2010

PART 3 S BOVINE CARCASES

Application of these Regulations to small-scale bovine operators S

5.—(1) These Regulations do not apply to a small-scale bovine operator if that operator does not classify bovine carcases.

(2) But if a small-scale bovine operator chooses to classify bovine carcases, these Regulations apply in relation to that operator and the classification of those carcases.

(3) In paragraphs (1) and (2), “classify” means classify in accordance with the [F1 retained EU] beef provisions or otherwise than in accordance with those provisions, and “classification” is to be construed accordingly.

(4) In this regulation, “small-scale bovine operator” means an operator of an approved slaughterhouse at which [F2 less than 150] adult bovine animals per week as an annual average are slaughtered.

(5) Nothing in this regulation prevents the application of these Regulations to an operator in relation to pig carcases if pigs are also slaughtered in that operator's slaughterhouse.

Textual Amendments

F1 Words in reg. 5(3) substituted (31.12.2020) by The Agriculture Market Measures (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/73), regs. 1(2), 4(3); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 5(4) substituted (11.7.2018) by The Beef and Pig Carcase Classification (Scotland) Amendment Regulations 2018 (S.S.I. 2018/182), regs. 1(1), 4

Competent authority etc.: bovine carcases S

6.—(1) The Scottish Ministers are the competent authority [F3 , in relation to adult bovine animals,] for the purposes of—

[F4 (za) Article 4(1) of the Commission Implementing Regulation (reports);]

[F5 (a) Article 10 of the Commission Delegated Regulation (authorisation of automated grading methods for beef carcases);]

[F6 (b) Article 12(2)(b) of the Commission Delegated Regulation (additional provisions on classification by automated grading techniques);]

[F7 (c) [F8 Article] 14 of the Commission Implementing Regulation and Article 14 of the Commission Delegated Regulation (calculation and reporting of market prices); and]

[F9 (d) Article 17(2) of the Commission Delegated Regulation (notification of supplementary payments).]

(2) The Scottish Ministers are responsible for on-the-spot checks[F10 , in relation to adult bovine animals, as described in Articles 2 and 3 of the Commission Implementing Regulation].

Textual Amendments

F3 Words in reg. 6(1) inserted (11.7.2018) by The Beef and Pig Carcase Classification (Scotland) Amendment Regulations 2018 (S.S.I. 2018/182), regs. 1(1), 5(a)(i)

F4 Reg. 6(1)(za) inserted (11.7.2018) by The Beef and Pig Carcase Classification (Scotland) Amendment Regulations 2018 (S.S.I. 2018/182), regs. 1(1), 5(a)(ii)

F5 Reg. 6(1)(a) substituted (11.7.2018) by The Beef and Pig Carcase Classification (Scotland) Amendment Regulations 2018 (S.S.I. 2018/182), regs. 1(1), 5(a)(iii)

F6 Reg. 6(1)(b) substituted (11.7.2018) by The Beef and Pig Carcase Classification (Scotland) Amendment Regulations 2018 (S.S.I. 2018/182), regs. 1(1), 5(a)(iv)

F7 Reg. 6(1)(c) substituted (11.7.2018) by The Beef and Pig Carcase Classification (Scotland) Amendment Regulations 2018 (S.S.I. 2018/182), regs. 1(1), 5(a)(v)

F8 Word in reg. 6(1)(c) substituted (31.12.2020) by The Agriculture Market Measures (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/73), regs. 1(2), 4(4); 2020 c. 1, Sch. 5 para. 1(1)

F9 Reg. 6(1)(d) inserted (11.7.2018) by The Beef and Pig Carcase Classification (Scotland) Amendment Regulations 2018 (S.S.I. 2018/182), regs. 1(1), 5(a)(vi)

F10 Words in reg. 6(2) substituted (11.7.2018) by The Beef and Pig Carcase Classification (Scotland) Amendment Regulations 2018 (S.S.I. 2018/182), regs. 1(1), 5(b)

[F11 Marking S

7.   Bovine carcases need not be marked in accordance with Article 8(1), (2)(a), (3)(a), (4) and (5) of the Commission Delegated Regulation if all such carcases are cut, as a continuous operation, in a cutting plant approved in accordance with Regulation (EC) No 853/2004 of the European Parliament and of the Council, and attached to the slaughterhouse where the classification is carried out.]

Textual Amendments

F11 Reg. 7 substituted (11.7.2018) by The Beef and Pig Carcase Classification (Scotland) Amendment Regulations 2018 (S.S.I. 2018/182), regs. 1(1), 6

Licence to carry out classification S

8.—(1) The Scottish Ministers must grant a licence to carry out classification of bovine carcases to any person who applies for such a licence and who appears to the Scottish Ministers to be qualified to carry out classification, but the Scottish Ministers may refuse to grant such a licence if the Scottish Ministers are satisfied that the applicant is not a fit and proper person to carry out the classification of bovine carcases.

(2) Where the Scottish Ministers grant a licence under paragraph (1), the Scottish Ministers may impose such conditions as they consider appropriate.

(3) The Scottish Ministers may—

(a) vary a licence or any condition of a licence;

(b) revoke a licence in the circumstances mentioned in [F12 Article 4(2) of the Commission Implementing Regulation (revoking of licences and approvals)];

(c) suspend or revoke a licence if the person has contravened any of the terms or conditions of that licence; or

(d) suspend or revoke a licence if the Scottish Ministers are satisfied that the person holding that licence is no longer a fit and proper person to carry out the classification.

(4) Where the Scottish Ministers take any decision in relation to a licence under this regulation in respect of which there is a right to apply for a review under regulation 10, the Scottish Ministers must inform the person concerned of—

(a) the right to apply for a review; and

(b) the manner in which, and the time limits within which, such an application may be made.

Textual Amendments

F12 Words in reg. 8(3)(b) substituted (11.7.2018) by The Beef and Pig Carcase Classification (Scotland) Amendment Regulations 2018 (S.S.I. 2018/182), regs. 1(1), 7

Licence for automated grading S

9.—(1) The Scottish Ministers may grant to the operator of an approved slaughterhouse a licence authorising the use of automated grading [F13 methods] for classification of bovine carcases at that slaughterhouse.

(2) Where the Scottish Ministers grant a licence under paragraph (1), the Scottish Ministers may impose such conditions as they consider appropriate.

(3) The Scottish Ministers may—

(a) vary a licence or any condition of a licence;

(b) revoke a licence in the circumstances mentioned in [F14 Article 4(2) of the Commission Implementing Regulation (revoking of licences and approvals)];

(c) suspend or revoke a licence if the person has contravened any of the terms or conditions of that licence; or

(d) suspend or revoke a licence if the Scottish Ministers consider that the [F15 automated grading method] no longer meets the standards required by [F16 , in relation to bovine carcases, Article 10 of, and Annex IV to, the Commission Delegated Regulation (authorisation of automated grading methods for beef carcases)], whether for reasons connected with [F17 the automated grading method] itself or with the operator's manner of use of [F17 the automated grading method].

(4) Where the Scottish Ministers take any decision in relation to a licence under this regulation in respect of which there is a right to apply for a review under regulation 10, the Scottish Ministers must inform the person concerned of—

(a) the right of appeal; and

(b) the manner in which, and the time limits within which, such an application may be made.

Textual Amendments

F13 Word in reg. 9(1) substituted (11.7.2018) by The Beef and Pig Carcase Classification (Scotland) Amendment Regulations 2018 (S.S.I. 2018/182), regs. 1(1), 8(a) (with reg. 23)

F14 Words in reg. 9(3)(b) substituted (11.7.2018) by The Beef and Pig Carcase Classification (Scotland) Amendment Regulations 2018 (S.S.I. 2018/182), regs. 1(1), 8(b) (with reg. 23)

F15 Words in reg. 9(3)(d) substituted (11.7.2018) by The Beef and Pig Carcase Classification (Scotland) Amendment Regulations 2018 (S.S.I. 2018/182), regs. 1(1), 8(c)(i) (with reg. 23)

F16 Words in reg. 9(3)(d) substituted (11.7.2018) by The Beef and Pig Carcase Classification (Scotland) Amendment Regulations 2018 (S.S.I. 2018/182), regs. 1(1), 8(c)(ii) (with reg. 23)

F17 Words in reg. 9(3)(d) substituted (11.7.2018) by The Beef and Pig Carcase Classification (Scotland) Amendment Regulations 2018 (S.S.I. 2018/182), regs. 1(1), 8(c)(iii) (with reg. 23)

Review of a decision by the Scottish Ministers S

10.—(1) A licence holder or applicant may apply in writing to the Scottish Ministers for a review of a decision.

(2) An application for review—

(a) must be made within 21 days after the date that notice of a decision is received by the licence holder or applicant; and

(b) may include any written explanation that the licence holder or applicant considers appropriate.

(3) A decision which is the subject of an application for review shall, unless the Scottish Ministers direct otherwise in writing, have effect until the date of determination of that application.

(4) The application for review shall be determined by the Scottish Ministers in accordance with paragraphs (5) to (10).

(5) The Scottish Ministers shall appoint a person to carry out the functions in paragraph (8) (“the appointed person”).

(6) The Scottish Ministers shall inform the licence holder or applicant in writing—

(a) of the name and address of the appointed person;

(b) of the role of that person; and

(c) that the licence holder or applicant may give a written explanation (or further explanation) to that person.

(7) Any written explanation referred to in paragraph (6) shall be given to the appointed person within 14 days after the date of intimation to the licence holder or applicant under that paragraph.

(8) The appointed person shall—

(a) examine the merits of the decision;

(b) consider any written explanation given by the licence holder or applicant;

(c) report to the Scottish Ministers following that examination; and

(d) include in that report such recommendation (if any) for determination of the application as the appointed person shall think fit.

(9) The Scottish Ministers shall consider the report of, and any recommendation by, the appointed person and make a determination.

(10) The Scottish Ministers shall inform the licence holder or applicant in writing of the result of the determination of the review.

(11) In this regulation “decision” means—

(a) a decision by the Scottish Ministers to refuse an application for a licence under regulation 8 or 9;

(b) a decision by the Scottish Ministers to impose a term or condition in a licence granted under regulation 8 or 9; and

(c) a decision by the Scottish Ministers to revoke, suspend or vary a licence granted under regulation 8 or 9.

Appeals S

11.—(1) An applicant or licence holder may appeal to the sheriff against a determination of a review by the Scottish Ministers under regulation 10.

(2) The Scottish Ministers may be a party to an appeal under this regulation.

(3) An appeal under this regulation shall be made by way of summary application and shall be lodged with the sheriff clerk within the period of 28 days from the day on which the determination was made.

(4) On good cause being shown, the sheriff may hear an appeal under this regulation notwithstanding that it was not lodged within the time mentioned in paragraph (3) above.

(5) For the purposes of an appeal under this regulation, the sheriff may require the Scottish Ministers to give reasons for that decision, and the Scottish Ministers shall comply with such a requirement.

(6) The sheriff may uphold an appeal under this regulation only if the sheriff considers that the Scottish Ministers, in arriving at their determination—

(a) erred in law;

(b) based their determination on any incorrect material fact;

(c) acted contrary to natural justice; or

(d) exercised their discretion in an unreasonable manner.

(7) In considering an appeal under this regulation, the sheriff may hear evidence by or on behalf of any party to the appeal.

(8) On upholding an appeal under this regulation, the sheriff may—

(a) remit the case with the reasons for such decision to the Scottish Ministers for reconsideration of their determination; or

(b) reverse or modify their determination.

(9) On remitting a case under paragraph (8)(a) above, the sheriff may—

(a) specify a date by which the reconsideration by the Scottish Ministers must take place;

(b) modify any procedural steps which otherwise would be required in relation to the matter by or under any enactment (including these Regulations).

(10) The sheriff may include in the decision on an appeal under this regulation such order as to the expenses of the appeal as the sheriff thinks proper.

(11) The decision of the sheriff is final.

Records: bovine carcases S

12.—(1) An operator of an approved slaughterhouse must keep a record of the particulars specified in Schedule 3 relating to each bovine carcase which is classified in that slaughterhouse.

(2) The operator must retain each record for a period of 2 years from the end of the calendar year to which the record relates.