The Feed (Hygiene and Enforcement) (Scotland) Regulations 2005

Feed business emergency prohibition notices and orders

22.—(1) An authorised officer of an enforcement authority who is satisfied that the health risk condition is fulfilled with respect to any feed business may by a notice served on the relevant feed business operator (in these Regulations referred to as a “feed business emergency prohibition notice”) impose the appropriate prohibition.

(2) If the sheriff is satisfied, on the application of such an officer, that the health risk condition is fulfilled with respect to any feed business, the sheriff shall, by an order (in these Regulations referred to as a “feed business emergency prohibition order”), impose the appropriate prohibition.

(3) Such an officer shall not apply for a feed business emergency prohibition order unless, at least 1 day before the date of the application, a notice has been served on the relevant feed business operator stating the intention to apply for the order.

(4) Paragraphs (2) and (3) of regulation 21 apply for the purposes of this regulation as they apply for the purposes of that regulation, but as if the reference in paragraph (2) to risk of injury to health were a reference to imminent risk of injury.

(5) As soon as practicable after the service of a feed business emergency prohibition notice, an authorised officer of an enforcement authority shall affix a copy of the notice in a conspicuous position on such premises used for the purposes of the feed business as that officer considers appropriate; and any person who knowingly contravenes such a notice is guilty of an offence.

(6) As soon as practicable after the making of a feed business emergency prohibition order, an authorised officer of an enforcement authority shall–

(a) serve a copy of the order on the relevant feed business operator; and

(b) affix a copy of the order in a conspicuous position on such premises used for the purposes of the feed business as that officer considers appropriate,

and any person who knowingly contravenes such an order is guilty of an offence.

(7) A feed business emergency prohibition notice shall cease to have effect–

(a) if no application for a feed business emergency prohibition order is made within the period of 3 days beginning with the service of the notice, at the end of that period; or

(b) if such an application is so made, on the determination or abandonment of the application.

(8) A feed business emergency prohibition notice or a feed business emergency prohibition order shall cease to have effect on the issue by the enforcement authority of a certificate to the effect that it is satisfied that the feed business operator has taken sufficient measures to secure that the health risk condition is no longer fulfilled with respect to the feed business.

(9) The enforcement authority must issue a certificate under paragraph (8) within 3 days of being satisfied as mentioned in that paragraph; and on an application by the feed business operator for such a certificate, the authority shall–

(a) determine as soon as is reasonably practicable and in any event within 14 days whether or not it is so satisfied; or

(b) if it determines that it is not so satisfied, give notice to the feed business operator of the reasons for that determination.

(10) Where a feed business emergency prohibition notice is served on a feed business operator, the enforcement authority shall compensate the feed business operator in respect of any loss suffered by reason of compliance with the notice unless–

(a) an application for a feed business emergency prohibition order is made within the period of 3 days beginning with the service of the notice; and

(b) the sheriff is satisfied, on the hearing of the application, that the health risk condition was fulfilled with respect to the feed business at the time when the notice was served,

and any disputed question as to the right to or the amount of any compensation payable under this paragraph shall be determined by a single arbiter appointed, failing agreement between the parties, by the sheriff.