Search Legislation

Transmissible Spongiform Encephalopathy Regulations (Northern Ireland) 2002

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Approval of premises

Application for approval and approval of premises

19.—(1) An application for approval of premises under regulation 16 or 17 shall be made in writing to the Department by or on behalf of the person carrying on or proposing to carry on the business at the premises to which the application relates.

(2) The Department shall notify the applicant in writing of its decision on an application made to it in accordance with this regulation; and, if it refuses to approve the premises in respect of which an application is made, it shall notify the applicant in writing of its reasons for the refusal.

(3) An approval of premises under regulation 16 or 17 shall specify–

(a)the name and address of the person to whom the approval is granted and the address of the approved premises;

(b)the use of the premises for the description of production for which the approval is granted; and

(c)the conditions subject to which the approval is granted.

(4) If the Department refuses to approve the premises or grants an approval subject to any condition it shall give to the applicant a statement of –

(a)the reasons for the refusal or the condition; and

(b)the right of the applicant under this Part to appeal against the refusal or the condition and the period within which and the person to whom an appeal may be made.

Suspension and withdrawal of approval

20.—(1) The Department may suspend or withdraw an approval of any premises approved under this Part if it appears to it that –

(a)the premises are being used otherwise than in accordance with the approval or these Regulations;

(b)any condition specified in a Schedule to these Regulations which relate to the approval of the premises has not been complied with;

(c)the premises are not ABPO approved;

(d)inspection of the premises for the purposes of these Regulations is being hampered or denied;

(e)a notice has been served on the occupier in relation to the use of the premises under this Part and –

(i)the Department is not satisfied that the action required in accordance with the notice has been taken by the occupier within the time specified; and

(ii)there is a risk that the premises will be used otherwise than in accordance with the approval, any condition specified in the approval will not be complied with or inspection of the premises for the purposes of these Regulations will be hampered or denied;

(f)the person using the premises for the use for which they are approved no longer wishes to carry on that use of the premises; or

(g)the premises are not being used for the use for which they are approved.

(2) Before suspending or withdrawing an approval the Department shall–

(a)give notice of the intended suspension or withdrawal to the occupier of the premises (or, in the case of a suspension or withdrawal under paragraph (1)(g), to the person known to the Department as the last person to use the premises for the use for which they are approved and to any other person who appears to it to be in current occupation of the premises); and

(b)have regard to any representations made to it by that person in relation to the intended suspension or withdrawal.

(3) A notice of suspension or withdrawal of an approval shall include the following information–

(a)a summary of the decision of the Department to suspend or withdraw the approval and a description of the use of the premises for which the approval is suspended or withdrawn;

(b)the reason for the suspension or withdrawal;

(c)the date on which the suspension or withdrawal takes effect, which –

(i)in respect of a suspension, may be the same date as the date on which the notice is issued; and

(ii)in respect of a withdrawal, must be at least 21 days after the date on which the notice is given;

(d)in respect of a suspension, the matters which must be rectified for the suspension to be lifted;

(e)a statement of the right of the person to whom the notice is given to appeal under this Part against the suspension or withdrawal and the period within which and the person to whom an appeal may be made; and

(f)in respect of a withdrawal, any conditions for the protection of public or animal health to which any continued use of the premises, for the use approved, after the withdrawal takes effect is subject pending an appeal.

(4) Where a suspension of an approval of premises under this regulation has taken effect the premises shall be treated as if they were not approved for the use for which the approval is suspended.

(5) The Department shall lift a suspension of an approval where –

(a)it is satisfied that –

(i)the reason for the suspension no longer applies; and

(ii)the person who would use the premises for the use for which it is approved will use the premises in accordance with the conditions of the approval and these regulations; or

(b)the determination of an appeal under this Part against the suspension is that the approval should not have been suspended.

(6) Where the Department lifts a suspension it shall give notice of this to the person to whom the notice of suspension was given.

(7) Premises may continue to be used by the occupier for a use for which an approval is withdrawn during the period of 21 days after notification of withdrawal is given to the occupier.

(8) After the expiry of the 21 day period the premises may not be used for the use for which the approval is withdrawn unless, before the period expired, an appeal was made in accordance with regulation 21 and the appeal has not been finally disposed of or abandoned.

(9) Where the Department has given notice of its decision to withdraw the approval of premises the occupier of the premises shall not use the premises for the use for which the approval is withdrawn except in accordance with any conditions for the protection of public or animal health specified in the notice of withdrawal.

Appeals

21.—(1) Where in respect of any premises the Department has given notice of a decision under this Part –

(a)to refuse to approve any premises;

(b)to grant an approval of any premises subject to conditions;

(c)to suspend the approval of any premises; or

(d)to withdraw the approval of any premises,

the person to whom the notice is given may, within 21 days of being notified of the decision, appeal against that decision to the person specified in the notice.

(2) An appeal under this regulation shall be made by written statement given to the person specified in the notice together with a brief explanation of the grounds of the appeal and such other information and documents as the notice may specify.

(3) Where on an appeal under this regulation the person hearing the appeal determines that –

(a)the grant of an approval should not have been refused;

(b)unreasonable conditions have been attached to the grant of an approval; or

(c)an approval should not have been suspended or withdrawn,

the Department shall give effect to that determination.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Rule

The Whole Rule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Rule as a PDF

The Whole Rule you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Rule

The Whole Rule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources