39.—(1) The National Assembly may grant an approval under these Regulations if it is satisfied that the requirements of the Community Regulation and these Regulations will be complied with.
(2) An approval must specify —
(a)the address of the premises and the operator of the premises;
(b)the parts of the premises in which the animal by-products may be received and processed or treated; and
(c)the equipment, the methods in accordance with which, and the parameters within which, the animal by-products must be processed or treated.
(3) If the National Assembly refuses to grant the approval, or approves it subject to a condition, it must by notice in writing served on the applicant —
(a)give the reasons for that refusal or condition; and
(b)advise of the rights of the applicant to make written representations to the National Assembly within 21 days beginning on the date on which the notice is served and to be heard by an independent person appointed by the National Assembly.
40.—(1) The National Assembly, by notice in writing served on the operator —
(a)must suspend an approval, authorisation or registration if it is satisfied that any of the conditions under which the approval, authorisation or registration was granted are not fulfilled; and
(b)may suspend or amend an approval, authorisation or registration if it 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) —
(a)must have immediate effect if the National Assembly considers that this is necessary for the protection of public or animal health;
(b)otherwise it will have effect on the date stated in the notice which shall not be less than 21 days following service of the notice.
(3) The notice must —
(a)specify the date on which it takes effect;
(b)give the reasons for the suspension or amendment (and, in a case under sub-paragraph (2)(a), the reasons why immediate suspension or amendment is considered necessary); and
(c)explain the right of the operator of the premises to make written representations to the National Assembly within a period of 21 days beginning with the date on which the notice is served and to be heard by an independent person appointed by the National Assembly.
(4) Where there is an appeal under regulation 41, the amendment or suspension will not have effect until the final determination by the National Assembly in accordance with the following regulation, unless the National Assembly reasonably considers that it is necessary for the protection of public or animal health for the amendment or suspension to have effect from an earlier date, which must be specified in a notice in writing to the operator.
(5) The National Assembly by notice in writing may revoke an approval or registration if it is satisfied, taking into account all the circumstances of the case, that the premises will not be operated in accordance with the Community Regulation and these Regulations—
(a)following an appeal in accordance with the following regulation which upholds a suspension; or
(b)after a period of 21 days following service of the notice of amendment or suspension where there has been no such review.
41.—(1) An applicant or operator on whom a notice is served under regulation 39 or 40 may within 21 days beginning with the day on which the notice is served —
(a)provide written representations to the National Assembly; and
(b)provide notice of whether or not they wish to appear before an independent person appointed by the National Assembly.
(2) Where an applicant or operator gives notice of their wish to appear before and be heard by an independent person —
(a)the National Assembly must appoint an independent person to hear representations and specify a time limit within which representations must be made;
(b)the appointed person must not, except with the consent of the applicant or operator, be an officer of the National Assembly;
(c)if the applicant or operator so requests the hearing must be in public;
(d)if the applicant or operator so requests, the National Assembly must provide them with a copy of the report of the appointed person.
(3) The independent person must report to the National Assembly.
(4) The National Assembly must give to the applicant or operator written notification of its final determination and the reasons for it.
(5) The National Assembly will be responsible for meeting the reasonable fees and expenses of the independent person in relation to the appeal except —
(a)where it confirms the notice served under regulation 39 or 40; and
(b)it is satisfied it is reasonable in all the circumstances for the applicant or operator to bear some or all of the expense.
(6) Where the National Assembly is satisfied that it is reasonable in all the circumstances for the applicant or operator to bear some or all of the reasonable fees and expenses of the independent person, it must give notice to the applicant or operator of the proportion which it is satisfied the applicant or operator should bear.
(7) The applicant, operator and the National Assembly will each be responsible for their own costs incurred in relation to the appeal.
42. If an inspector considers it necessary for animal or public health purposes or if any provision of these Regulations or the Community Regulation is not being complied with, the inspector may —
(a)serve a notice on any person in possession or control of any animal by product requiring that person to dispose of it as may be specified in the notice, or
(b)serve a notice on the occupier of any premises prohibiting animal by-products being brought on to the premises, or only permitting this in a way specified in the notice.
43.—(1) If an inspector reasonably suspects that any vehicle, container or premises to which these Regulations or the Community Regulation apply constitutes an animal or public health risk, the inspector may serve a notice on the person in charge of the vehicle or container, or on the occupier of the premises, requiring the vehicle, container or premises to be cleansed and disinfected.
(2) The notice may —
(a)specify the method of cleansing and disinfection;
(b)specify the method of disposal of any material remaining in the vehicle, container or premises; and
(c)prohibit the movement of any animal by-product into the vehicle or container or on to the premises until such time as the required cleansing and disinfection has been satisfactorily completed.
44.—(1) Any notice served under these Regulations must be complied with at the expense of the person on whom the notice is served, and if it is not complied with, an inspector may arrange for it to be complied with at the expense of that person.
(2) Any person on whom a notice is served who contravenes or fails to comply with the provisions of that notice will be guilty of an offence.
45.—(1) An inspector, on producing, if so required, some duly authenticated document showing the authority of the inspector, may enter at all reasonable hours any premises (excluding any premises used only as a dwelling) for the purpose of administering and enforcing these Regulations and the Community Regulation.
(2) An inspector may —
(a)seize any animal by-products and dispose of them as necessary;
(b)carry out any inquiries, examinations and tests;
(c)take any samples;
(d)have access to, and inspect and copy any records (in whatever form they are held) kept under these Regulations or the Community Regulation, or remove such records to enable them to be copied;
(e)have access to, inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford the inspector such assistance as the inspector may reasonably require and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away;
(f)mark any animal, animal by-product or other thing for identification purposes; and
(g)take with him or her —
(i)such other persons as the inspector considers necessary;
(ii)any representative of the European Commission acting for the purpose of the Community Regulation.
(3) Any person who defaces, obliterates or removes any mark applied under paragraph (2) will be guilty of an offence.
(4) If a justice of the peace, on sworn information in writing, is satisfied that there is a reasonable ground for an inspector to enter any premises (excluding premises used only as a dwelling) for any purpose mentioned in this regulation and either —
(a)admission to the premises has been refused, or a refusal is expected, and that notice of the intention to apply for a warrant has been given to the occupier; or
(b)an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier is absent,
the justice of the peace may issue a warrant authorising an inspector to enter the premises for that purpose if need be by reasonable force.
(5) Every warrant issued under this regulation will continue in force for a period of one month.
(6) An inspector entering any premises by virtue of this regulation, or of a warrant issued under it may be accompanied by —
(a)such other persons as the inspector considers necessary; and
(b)any representative of the European Commission acting for the purpose of the Community Regulation.
(7) If an inspector enters any unoccupied premises the inspector shall leave them as effectively secured against unauthorised entry as the inspector found them.
(8) In this regulation “premises” includes any vehicle or container.
46.—(1) Any person who —
(a)intentionally obstructs any person acting in the execution of these Regulations,
(b)without reasonable cause, fails to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require for the performance of the functions of that person under these Regulations,
(c)furnishes to any person acting in the execution of these Regulations any information which that person so furnishing knows to be false or misleading; or
(d)fails to produce a record when required to do so to any person acting in the execution of these Regulations;
will be guilty of an offence.
(2) Nothing in paragraph (1)(b) may be construed as requiring any person to answer any question or give any information if to do so might incriminate that person.
47.—(1) A person guilty of an offence under these Regulations will be liable —
(a)on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or both; or
(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.
(2) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
(a)any director, manager, secretary or other similar person of the body corporate, or
(b)any person who was purporting to act in any such capacity,
that person, as well as the body corporate, will be guilty of the offence and will be liable to be proceeded against and punished accordingly.
(3) For the purposes of paragraph (2) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
48.—(1) These Regulations are to be enforced by the National Assembly in relation to —
(a)premises which are licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995 M1;
(b)premises which are licensed under the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 M2;
(c)premises which are licensed under the Wild Game Meat (Hygiene and Inspection) Regulations 1995 M3;
(d)combined premises as defined in the Meat Products (Hygiene) Regulations 1994 M4;
(e)combined premises as defined in the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 M5.
(2) Other than as specified in paragraph (1) these Regulations are to be enforced by the local authority.
(3) The National Assembly may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under this regulation is to be discharged by the National Assembly and not by the local authority.
Marginal Citations
M1S.I. 1995/539 as amended by S.I. 1995/731, S.I. 1995/1763, S.I. 1995/2200, S.I. 1995/2418, S.I. 1995/3124, S.I. 1995/3189, S.I. 1996/1148, S.I. 1996/2235, S.I. 1997/1729 and S.I. 1997/2074.
M2S.I. 1995/540 as amended by S.I. 1995/1763, S.I. 1995/2200, S.I. 1995/3205 and S.I. 1997/1729.
M3S.I. 1995/2148 as amended by S.I. 1995/3205.
M4S.I. 1994/3082 as amended by S.I. 1995/1763, S.I. 1995/2200, S.I. 1995/3205 and S.I. 1996/1499.
M5S.I. 1995/3205 as amended by S.I 1996/3124.
49.—(1) Any notice or other document to be served under or in relation to these Regulations may be served either —
(a)by delivering it to the person on whom it is to be served; or
(b)by leaving it, or sending it by post to that person at the usual or last known address of that person; or
(c)in the case of an incorporated body, by delivering it to that body’s secretary or clerk at their registered or principal office, or by sending it by post to that person at that office.
(2) Where a notice or other document is to be given or served on the owner, proprietor, operator or occupier of any premises and it is not practicable after reasonable enquiry to ascertain the name and address of the person to or on whom it should be given or served, or the premises are unoccupied, the document may be given or served by addressing it to the person concerned by the description of “owner”, “proprietor”, “operator” or “occupier” of the premises (naming them) and —
(a)by delivering it to some person on the premises; or
(b)if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.
50.—(1) Schedule 3 (transitional measures) will have effect.
(2) Part I of Schedule 3 (intra-species recycling of fish) shall cease to have effect on 1st January 2004.
(3) Part II of Schedule 3 (collection, transportation and disposal of former foodstuffs) shall cease to have effect on 1st January 2006.
(4) Part III of Schedule 3 (used cooking oil in animal feed) will cease to have effect on 1st November 2004.
(5) Part IV of Schedule 3 (mammalian blood) will cease to have effect on 1st January 2005.
(6) Part V of Schedule 3 (oleochemical plants using rendered fats from Category 2 and 3 materials) will cease to have effect on 1st November 2005.
(7) Part VI of Schedule 3 (low capacity incineration or co-incineration plants which do not incinerate or co-incinerate specified risk materials or carcases containing them) will cease to have effect on 1st January 2005.
51.—(1) The TSE (Wales) Regulations 2002 are amended in accordance with Schedule 4.
(2) In so far as they apply to Wales, the Animal By-Products Order 1999 M6 and the Animal By-Products (Amendment) (Wales) Order 2001 M7 are revoked.