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The Welfare of Animals (Transport) (England) Order 2006

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This is the original version (as it was originally made).

Suspension, revocation of approvals etc

22.—(1) The Secretary of State may, by notice, suspend or amend an approval, authorisation, certificate of approval or certificate of competence if satisfied that any of the conditions under which it was granted or of any provision of Council Regulation (EC) No 1/2005, Council Regulation (EC) No 1255/97 or this Order have been breached.

(2) A suspension under paragraph (1)—

(a)has immediate effect where the Secretary of State considers it necessary to protect the welfare of animals;

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

(3) The notice must—

(a)give reasons;

(b)state when it comes into effect and, in the case of a suspension, state on what date or event it is to cease to have effect; and

(c)explain the right of the recipient of the notice to make written representations to a person appointed by the Secretary of State.

(4) Where the notice does not have immediate effect, and representations are made under article 23, an amendment or suspension shall not have effect until the final determination by the Secretary of State in accordance with article 23 unless the Secretary of State decides that it is necessary for the protection of animal welfare for the amendment or suspension to have immediate effect and gives notice to that effect.

(5) Where a suspension is upheld, the Secretary of State may, by notice, revoke an approval, authorisation, certificate of approval or certificate of competence if satisfied that this Order, Council Regulation (EC) No 1/2005 or Council Regulation (EC) No 1255/97 will not be complied with.

(6) A notice must not be issued under paragraph (5) until the process in article 23 (if any) has been completed.

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