PART 5SAdministration

Notifications and authorisationsS

26.  Any notification or authorisation under these Regulations—

(a)must be in writing;

(b)may be subject to conditions; and

(c)may be amended, suspended or revoked by further notification or authorisation in writing at any time.

EnforcementS

27.—(1) At a [F1border control post] these Regulations are enforced—

(a)in relation to animals by the Scottish Ministers; and

(b)in relation to products by the local authority.

(2) Outside a [F1border control post], these Regulations are enforced—

[F2(za)in relation to aquatic animals and aquaculture animal products by the Scottish Ministers;]

(a)in relation to animals [F3, other than those mentioned in sub-paragraph (za),] by the local authority;

(b)in relation to products [F4, other than those mentioned in sub-paragraph (za),]—

(i)except where head (ii) applies, by the local authority; or

(ii)by the [F5Food Standards Scotland] at any cutting plant, game-handling establishment or slaughterhouse, or premises at which the Agency enforces the Food Hygiene (Scotland) Regulations 2006 M1.

(3) In addition, in relation to products, these Regulations are enforced by a general customs official in any place (other than the inspection facilities in a [F1border control post]) where goods are subject to customs supervision by that official under [F6the Taxation (Cross-border Trade) Act 2018.]

(4) The Scottish Ministers may direct, in relation to cases of a particular description or a particular case, that the Scottish Ministers will discharge any duty imposed on a local authority under this regulation.

(5) The Scottish Ministers may recover from the local authority concerned any expenses reasonably incurred by them under paragraph (4).

[F7(6) Where a customs officer exercising a statutory function at any place under customs supervision discovers any animal or product suspected of being non-compliant, that officer must detain it and notify such detention to an authorised officer of the relevant enforcement authority.]

[F8(7) In paragraph (2)(za)—

“aquatic animal” has the same meaning as in Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals; and

“aquaculture animal product” means any product of an aquaculture animal to which Article 6(1), 8(1) or (3) or 12(1) of Commission Regulation (EC) No 1251/2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species applies.]

[F9Powers of entryS

28.—(1) An authorised officer of the Scottish Ministers or an enforcement agency may enter any premises during normal working hours without prior notice at a reasonable hour (except any premises used wholly or mainly as a private dwelling) if the officer believes that it is necessary to enter for the purpose of enforcing these Regulations.

(2) An authorised officer must, if requested to do so, produce a duly authenticated authorisation document.

(3) A justice of the peace, sheriff or summary sheriff may sign a warrant to permit an enforcement officer to enter any premises, including dwelling-houses, if necessary by reasonable force, if the justice, sheriff or summary sheriff on sworn information in writing is satisfied—

(a)that there are reasonable grounds to enter those premises for the purpose of enforcing these Regulations; and

(b)that one or more of the conditions in paragraph (4) are met.

(4) The conditions are—

(a)that entry to the premises has been, or is likely to be, refused, and notice of the intention to apply for a warrant has been given to the occupier;

(b)that asking for admission to the premises, or giving such a notice, would defeat the object of the entry;

(c)that entry is required urgently;

(d)that the premises are unoccupied or the occupier is temporarily absent.

(5) A warrant is valid for 30 days from the date of signature.

(6) An authorised officer entering any premises which are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.

(7) An authorised officer may—

(a)be accompanied by such other persons (up to a maximum of three) as the officer considers necessary;

(b)bring onto the premises such equipment as the officer considers necessary.]

Powers of authorised officersS

29.  An authorised officer may—

(a)inspect and examine any animal;

(b)inspect any product, or genetic material, including its packaging, seals, marking, labelling and presentation, and any plant or equipment used for or in connection with it;

(c)have access to, and inspect and copy any documents or records (in whatever form they are held), and remove them to enable them to be copied;

(d)have access to, inspect and check the operation of any computer and any associated apparatus used in connection with the records, and may require any computer records to be produced in a form in which they may be taken away;

(e)seize and detain anything required as evidence;

(f)open any bundle, package, packing case, or item of personal luggage, or require any person in possession of or accompanying the same to open it and inspect the contents; F10...

(g)take samples of any animal or product for laboratory tests, for checking against any relevant document relating to the animal or product,

[F11(h)require the slaughter of any imported animal which is non-compliant with import or animal welfare requirements in these Regulations or the [F12Official Controls Regulation], or suspected by the Scottish Ministers of posing a risk to animal or human health; and

(i)require the quarantine of any imported animal that is suspected by the Scottish Ministers of posing a risk to animal or human health;]

for the purpose of enforcing these Regulations or any condition of import.

[F13Importation of animals and products constituting a risk to animal or public healthS

30.—(1) If imported animals or products are suspected by the Scottish Ministers of constituting a serious risk to human or animal health or animal welfare, or, in the case of suspected non-compliance, the animals or products come from a region contaminated by an epizootic disease, an authorised officer of the Scottish Ministers may require—

(a)an investigation in order to confirm or eliminate that suspicion;

(b)an investigation into the extent of any suspected non-compliance and to establish the import operator’s responsibilities;

(c)intensified official controls on consignments of animals or products from a particular region until such imports are no longer regarded by the officer of constituting such health risk;

(d)the official detention of animals or products;

(e)appropriate measures to ensure that the person responsible for the animals or products remedies the non-compliance and prevents further occurrences of such non-compliance.

(2) In a case within paragraph 1(a), the importer must assist the officer in establishing the region of origin.

(3) Where the Scottish Ministers are satisfied that imported animals or products constitute a risk to animal or public health, an authorised officer of the Scottish Ministers may, following written notice, take any reasonable action to ensure compliance with any rules laid down in accordance with Article 1(2) of the [F14Official Controls Regulation], including—

(a)taking samples for testing and order or performed veterinary treatments on animals;

(b)ordering the unloading of animals and their transfer via another means of transport to a specified holding for a specified quarantine period (whether or not involving the postponement of the slaughter of animals);

(c)the slaughter or killing of animals provided that this is the most appropriate measure to safeguard human health as well as animal health and welfare;

(d)restricting or prohibiting the placing on the market, the movement or the export of the animal or product, or requiring its return to the country of dispatch;

(e)ordering the importer to increase the frequency and thoroughness of systematic checks and controls before importing further animals or products from the region;

(f)ordering the isolation or closure, for an appropriate period of time, of all or part of a business operation (including any related internet and on-line sales of products that may constitute a risk to animal or human health) affected by the importation of an animal or product that constitutes a risk to animal or human health;

(g)the recall, withdrawal, removal or destruction of products;

(h)the treatment of products for human consumption;

(i)the alteration of labels or corrective information to be provided to consumers;

(j)the temporary suspension or withdrawal of the registration or approval of an affected establishment, plant, holding or means of transport concerned or of an authorisation of a transporter;

(k)the use of products for purposes other than those for which they were originally intended.

(4) An authorised officer of the Scottish Ministers must provide an affected business operator, or its representative, with—

(a)written notification of the decision concerning the action or measure to be taken in accordance with this regulation, together with the reasons for that decision; and

(b)information on any right of review against such decision in accordance with regulation 30A.

(5) All expenditure incurred as a result of actions taken by or on behalf of the Scottish Ministers under this regulation is to be borne by the responsible operators.

(6) In the case of the issue of false or misleading official certificates in Scotland, or where there is evidence of abuse of official certificates, an authorised officer of the Scottish Ministers may take appropriate measures, including—

(a)the temporary suspension of the certifying officer from certifying any certificates related to any relevant trade;

(b)the withdrawal of the authorisation of a person to sign official certificates; and

(c)any other measure believe by the officer to be necessary to prevent a reoccurrence of any non-compliance or abuse.]

[F15Review of decisions by an appointed personS

30A.—(1) Any person aggrieved by a decision made under these Regulations, other than decisions referred to in regulations 18 or 21, may request a review of that decision by a person appointed by the Scottish Ministers (“the appointed person”).

(2) Within 21 days of the appointment of the appointed person, written representations may be made by the aggrieved person to the appointed person.

(3) The appointed person must consider any written representations made when reviewing the disputed decision and must report in writing to the Scottish Ministers 21 days from the expiry of the period in (2) with a recommended course of action resulting from the review.

(4) The Scottish Ministers must consider the report of the appointed person and promptly notify the owner of the outcome of the review and provide a copy of the report of the appointed person.

(5) A review, or right of review, does not affect the obligation on the designated authority to take prompt action to eliminate or contain the risks to human or animal health.]

Exchange of informationS

31.—(1) The Commissioners of Her Majesty's Revenue and Customs, a general customs official and an enforcement authority may exchange information for the purposes of these Regulations, and may divulge information to [F16an enforcement authority in any of the territories of the British Islands] for the purposes of this Part or the equivalent legislation in those jurisdictions.

(2) Paragraph (1) is without prejudice to any other power of the Commissioners, any general customs official or any enforcement authority to disclose information.

(3) No person, including a servant of the Crown, may disclose any information received from the Commissioners or a general customs official under paragraph (1) if—

(a)the information relates to a person whose identity—

(i)is specified in the disclosure; or

(ii)can be deduced from the disclosure;

(b)the disclosure is for a purpose other than the purposes specified in paragraph (1); and

(c)the Commissioners have not given their prior consent to the disclosure.

Fees and expensesS

32.—F17(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The consignor's representative and the person in charge of an animal or product are jointly and severally liable for any reasonable expenses incurred by an enforcement authority arising out of or in connection with the authority's enforcement of these Regulations relating to that animal or product.

(3) Where a person fails to comply with these Regulations, an enforcement authority may take such steps as are necessary to ensure the requirement is met and the person in default must reimburse any reasonable expenses incurred by the enforcement authority in taking such steps.

OffencesS

33.  A person commits an offence if the person—

(a)intentionally obstructs any person acting in the execution of these Regulations [F18or the [F19Official Controls Regulation]];

(b)without reasonable cause, fails to give any person acting in execution of these Regulations [F18or the [F20Official Controls Regulation]] any assistance or information that that person may reasonably require for the purpose of carrying out functions under these Regulations [F18or the [F20Official Controls Regulation]];

(c)furnishes to any person acting in the execution of these Regulations [F18or the [F21Official Controls Regulation]] any information knowing it to be false or misleading; F22...

F23[F24(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)without reasonable excuse fails to comply with any of the following provisions—]

Protection of officials acting in good faithS

34.—(1) No authorised officer is personally liable in respect of any act done by that person in the performance or purported performance of the functions within the scope of that person's employment, if the person did that act in the honest and reasonable belief that that person's duty under these Regulations required or entitled the person to do so.

(2) Paragraph (1) does not relieve an enforcement authority from any liability in respect of acts of its officers.

Offences by bodies corporateS

35.—(1) Where—

(a)an offence under these Regulations has been committed by a body corporate or a Scottish partnership or other unincorporated association; and

(b)it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—

(i)the relevant individual; or

(ii)an individual purporting to act in the capacity of a relevant individual,

the individual as well as the body corporate, Scottish partnership or unincorporated association commits an offence and is liable to be proceeded against and punished accordingly.

(2) In paragraph (1), “relevant individual” means—

(a)in relation to a body corporate—

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

(ii)where the affairs of the body are managed by its members, a member;

(b)in relation to a Scottish partnership, a partner; and

(c)in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.

[F31PenaltiesS

36.  A person who is guilty of any offence under these Regulations is liable—

(a)on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both; or

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years, to a fine, or to both.]

Consequential amendmentsS

37.  Schedule 4 makes amendments consequential to these Regulations.

RevocationsS

38.  The following are revoked:—

(a)the Animals and Animal Products (Import and Export) (Scotland) Amendment (No. 2) Regulations 2006 M2;

(b)the Animals and Animal Products (Import and Export) (Scotland) Regulations 2007 M3;

(c)the Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2007 M4;

(d)the Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2008 M5;

(e)the Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2009 M6;

(f)the Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2010 M7;

(g)the Fresh Meat (Import Conditions) Regulations 1996 M8;

(h)the Miscellaneous Products of Animal Origin (Import Conditions) Regulations 1999 M9;

(i)the Products of Animal Origin (Import and Export) Regulations 1996 M10;

(j)the Products of Animal Origin (Import and Export) (Amendment) Regulations 1997 M11;

(k)the Products of Animal Origin (Import and Export) Amendment (Scotland) Regulations 2001 M12;

(l)the Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2007 M13;

(m)the Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2007 M14;

(n)the Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2009 M15; and

(o)the Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2010 M16.

Saving provisionS

39.  Despite their revocation by regulation 38—

(a)the Products of Animal Origin (Import and Export) Regulations 1996 continue to have effect in relation to the import into Scotland or export of a product to which those Regulations apply, where the process of import or export had commenced under those Regulations before the coming into force of these Regulations;

(b)the Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2007 continue to have effect in relation to the import into Scotland of a product to which those Regulations apply, where the process of import had commenced under those Regulations before the coming into force of these Regulations; and

(c)the Animals and Animal Products (Import and Export) (Scotland) Regulations 2007 continue to have effect in relation to the import into Scotland or export of an animal or product to which those Regulations apply, where the process of import or export had commenced under those Regulations before the coming into force of these Regulations.