The Animal By-Products Regulations 2003

Suspension, amendment and revocation of approvals and registrations

41.—(1) The Secretary of State, by notice in writing served on the operator—

(a) shall suspend immediately an approval or registration if any of the conditions under which the approval was granted are not fulfilled, and

(b) may suspend or amend an approval or registration if she is satisfied that the provisions of the Community Regulation or these Regulations are not being complied with.

(2) A suspension or amendment under paragraph 1(b)—

(a) shall have immediate effect if the Secretary of State considers that it is necessary for the protection of public or animal health;

(b) otherwise shall not have effect for at least 21 days following service of the notice.

(3) The notice shall—

(a) give the reasons; and

(b) explain the right of the operator of the premises to make written representations to the Secretary of State and to be heard by an independent person appointed by the Secretary of State.

(4) Where there is an appeal under regulation 42, an amendment or suspension shall not have effect until the final determination by the Secretary of State in accordance with the following regulation unless the Secretary of State considers that it is necessary for the protection of public or animal health for the amendment or suspension to have immediate effect.

(5) The Secretary of State may by notice in writing revoke an approval if, following an appeal, if any, in accordance with the following regulation, which upholds a suspension, she is satisfied, taking into account all the circumstances of the case, that the premises will not be operated in accordance with these Regulations and the Community Regulation.