The Fresh Meat Export (Hygiene and Inspection) (Scotland) Regulations 1987

Approval of premises

4.—(1) The Secretary of State on an application made to him under this regulation –

(a) shall approve the premises to which the application relates as –

(i) an export slaughterhouse if he is satisfied that the premises comply with the requirements of Schedule 1 and that the method of operation in those premises complies with the requirements of Part I of Schedule 5 and Schedules 6, 7 and 8;

(ii) export cutting premises if he is satisfied that –

(aa) in the case of premises to which the Slaughterhouse Hygiene (Scotland) Regulations 1978((1)) apply, the premises comply with the requirements of Part I of Schedule 2 and the method of operation in those premises complies with the requirements of Part I of Schedule 5 and Schedule 9, and

(ab) in the case of premises to which the Slaughterhouse Hygiene (Scotland) Regulations 1978 do not apply, the premises comply with the requirements of Schedule 2 and the method of operation in those premises complies with the requirements of Parts I and II of Schedule 5 and Schedule 9, save that such premises shall not be approved if they are situated within the curtilage of a slaughterhouse which is not approved for export;

(iii) an export cold store if he is satisfied that the premises comply with the requirements of Schedule 3 and that the method of operation in those premises can comply with the requirements of Part III of Schedule 5 and Schedule 13, and such approval may relate to particular categories of meat;

(iv) a transhipment centre if he is satisfied that the premises, being an export slaughterhouse or export cutting premises, comply with the requirements of Schedule 4; and

(b) shall refuse so to approve those premises if he is not so satisfied.

(2) Each application for the approval of any premises under this regulation shall be made in writing to the Secretary of State by the occupier of, or a person proposing to occupy, those premises.

(3) The Secretary of State shall notify the local authority in writing of each such application and shall arrange for a veterinary officer to inspect the premises named in the application and to make a report on those premises.

(4) Where a local authority have been notified under paragraph (3) of this regulation of an application for the approval of any premises, they may submit written representations relating to that application to the Secretary of State within 21 days after the receipt of such notification and shall send a copy of any representations to the applicant.

(5) Within 21 days after the receipt of a copy of any representations submitted by the local authority under paragraph (4) of this regulation the applicant may submit written observations on those representations to the Secretary of State.

(6) In determining whether or not to approve any premises under paragraph (1) of this regulation the Secretary of State shall have regard to –

(a) the report made on the premises by the veterinary officer under paragraph (3) of this regulation;

(b) any representations submitted by the local authority under paragraph (4) of this regulation; and

(c) any observations submitted by the applicant under paragraph (5) of this regulation.

(7) The Secretary of State shall notify the applicant and the local authority in writing of his decision on each application for the approval of premises under this regulation and of the reasons for any refusal to approve such premises.

(8) Any approval of any premises under this regulation shall be subject to the condition that no significant alteration shall be made to –

(a) the premises or the equipment in those premises otherwise than by way of repairs and maintenance; or

(b) the method of operation in those premises;

without the prior agreement in writing of the Secretary of State who shall have regard to any views expressed by the local authority.

(9) Following the approval of any premises as an export slaughterhouse or as export cutting premises the Secretary of State shall issue to the local authority the necessary equipment for application of the health mark.

(1)

S.I. 1978/1273, amended by S.I. 1984/842, 1985/1068, 1856 and 1986/1808.