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The Beef and Pig Carcase Classification (Scotland) Regulations 2010
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- Scottish Statutory Instruments
- 2010 No. 330
- PART 3
- Regulation 10
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Point in time view as at 09/10/2010.
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There are currently no known outstanding effects for the The Beef and Pig Carcase Classification (Scotland) Regulations 2010, Section 10.
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Review of a decision by the Scottish MinistersS
This section has no associated Executive Note
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.
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