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Animal By-Products Regulations (Northern Ireland) 2003

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41.—(1) A person on whom a notice is served under regulation 39(3) or 40(1) (in this regulation referred to as “the appellant”) may within 21 days beginning with the day on which the notice is served –

(a)provide written representations to the Department; and

(b)provide notice of whether or not he wishes to appear before an independent person appointed by the Department.

(2) Where the appellant gives notice of his wish to appear before and be heard by an independent person the Department shall appoint such an independent person (in this regulation referred to as the “appointed person”) to hear representations and shall specify a time limit within which representations must be made.

(3) The appointed person shall not, except with the consent of the appellant, be an officer of the Department.

(4) If the appellant so requests any hearing before an appointed person shall be in public.

(5) The appointed person shall report to the Department.

(6) If the appellant so requests, the Department shall furnish to him a copy of the report of the appointed person.

(7) The Department shall consider the report of the independent person and having done so shall decide whether taking account of all the circumstances of the case –

(a)to uphold the decision to which the appeal relates; or

(b)overturn it, and

shall give to the appellant written notification of its final determination and the reasons for it.

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