The Products of Animal Origin (Import and Export) Regulations 1996

Enforcement

3.—(1) Except where expressly otherwise provided, these Regulations shall be executed and enforced—

(a) in relation to—

(i) premises licensed under the hygiene Regulations;

(ii) combined premises approved or registered under the Minced Meat and Meat Preparations Regulations 1995(1); or

(iii) combined premises (except those attached to cutting plants) approved under the Meat Products (Hygiene) Regulations 1994(2),

by the Minister of Agriculture, Fisheries and Food in relation to England and by the Secretary of State in relation to Scotland and Wales;

(b) in any other case, by the local authority within its area.

(2) Subject to paragraph (4) below, where the Minister is satisfied that a local authority is failing or has failed to execute or enforce these Regulations, either generally or in any individual case or in any class of case, he may, having given notice to that authority, empower one of the Minister’s officers to execute or enforce them in place of that authority.

(3) The Minister may recover from the local authority in default any expenses reasonably incurred by him under paragraph (2) above.

(4) In addition to the powers in paragraph (2) above, the Minister may direct, in relation to cases of a particular description or a particular case, that these Regulations shall be executed and enforced by the Minister instead of the local authority, or jointly by the Minister and the local authority.

(5) The powers of the Minister under paragraphs (2), (3) and (4) above, in relation to matters concerning public health where the products concerned are subject to intra-Community trade—

(a) in England, may be exercised by the Minister or the Secretary of State for Health;

(b) in Scotland and Wales, shall be exercised by the Secretary of State instead of by the Minister.

(1)

S.I. 1995/3205.

(2)

S.I. 1994/3082, as amended by the instruments specified in paragraph 5 of Schedule 2.