The Tuberculosis in Specified Animals (Scotland) Order 2015

General provisions as to notices, licences, directions and approvals

This section has no associated Policy Notes

18.—(1) Any licence, approval or direction issued or granted under this Order must be in writing.

(2) Any licence issued under this Order may be general or specific and may be made subject to conditions.

(3) Any approval granted under this Order may be made subject to conditions.

(4) A notice issued under this Order may be amended, suspended or revoked by further notice at any time.

(5) A licence, approval or direction issued or granted under this Order may be amended, suspended or revoked in writing at any time.

(6) Any person to whom any requirement or condition in a notice, licence, approval or direction issued or granted under this Order applies must comply with the requirement or condition.

(7) In the case of a body corporate, a notice may be served on or given to a relevant individual within that body.

(8) In the case of a Scottish partnership a notice may be served on or given to a partner.

(9) In the case of an unincorporated association other than a Scottish partnership, a notice may be served on or given to a person concerned in the management or control of the association.

(10) If the name or address of any occupier of premises on whom a notice is to be served or given under this Order cannot, after reasonable inquiry, be ascertained, the notice may be served by leaving it conspicuously affixed to a building or object on the premises.

(11) If any person on whom a notice is served fails to comply with the requirements of the notice, the Scottish Ministers may, without prejudice to any proceedings for an offence under section 73 of the Act (general offences)(1) arising out of such default, carry out or cause to be carried out the requirements of the notice, and the Scottish Ministers may recover from the keeper any expenses reasonably incurred by the Ministers.

(12) In paragraph (7), “relevant individual” means—

(a)a director, manager, secretary or other similar officer of the body; or

(b)where the affairs of the body are managed by its members, a member.

(1)

Section 73 was inserted by the Animal Health and Welfare (Scotland) Act 2006 (asp 11), schedule 2, paragraph 3(1).