Animal By-Products Regulations (Northern Ireland) 2003

Suspension, amendment and revocation of approvals and registrations

40.—(1) The Department, by notice in writing served on the operator of any premises –

(a)shall suspend immediately an approval or a registration under these Regulations relating to those premises if any of the conditions under which the approval was granted or the registration made are not fulfilled in respect thereof; and

(b)may suspend or amend an approval or a registration under these Regulations relating to those premises if it is satisfied that, in the case of any premises to which the approval or registration (as the case may be) relates, the provisions of the Community Regulation or these Regulations are not being complied.

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

(a)shall have immediate effect if the Department 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 in question to make written representations to the Department and to be heard by an independent person appointed by the Department.

(4) Where there is an appeal under regulation 41, the amendment or suspension to which it relates shall not have effect until the final determination by the Department in accordance with that regulation unless the Department considers that it is necessary for the protection of public or animal health for the amendment or suspension to have immediate effect.

(5) The Department may, by notice in writing, revoke an approval to which a notice of suspension under paragraph (1) relates if, following an appeal (if any) in accordance with the following regulation, which upholds a suspension, it 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.