PART 3ADMINISTRATIVE PROVISIONS
Refusal to grant a certificate or temporary certificate12
1
The competent authority may, by notice in writing served on the applicant, refuse to grant a certificate or a temporary certificate if satisfied that the applicant—
a
has failed to meet any of the conditions in regulation 8 or 10 (as the case may be); or
b
is not a fit and proper person to hold a certificate or temporary certificate of competence.
2
The notice shall—
a
give reasons for the refusal; and
b
give details of the right of review by the competent authority against the decision.
Suspension or revocation of a certificate or temporary certificate13
1
The competent authority may, by notice in writing served on the holder of the certificate or temporary certificate, suspend or revoke a certificate or temporary certificate, (including a certificate or temporary certificate granted in F2a member State ), if satisfied that the holder of the certificate or temporary certificate—
a
has failed to comply with any provision of the EU Regulation or these Regulations;
b
is no longer a fit and proper person to hold it;
c
is not, or is no longer, competent to carry out the operations which the certificate or temporary certificate authorises; or
d
has been convicted of an offence concerning the welfare of animals.
2
The notice shall—
a
give reasons for the suspension or revocation;
b
state when the suspension or revocation comes into effect and, in the case of suspension, state on what date or event it is to cease to have effect; and
c
give details of the right of review by the competent authority against the decision.
3
Any person whose certificate or temporary certificate is suspended or revoked shall, whether or not that suspension or revocation is the subject of a review pursuant to regulation 16, surrender it to the competent authority within 14 days of receipt of the notice informing that person of the suspension or revocation.
Modification of a certificate14
The competent authority shall modify a certificate in respect of an operation, category of animal or (where appropriate) type of equipment on request by an applicant if—
a
the applicant meets the conditions in regulation 8 in respect of the modification; and
b
the competent authority is satisfied the applicant is a fit and proper person to hold a certificate, as modified.
Refusal to modify a certificate15
1
The competent authority may, by notice in writing, refuse to modify a certificate if satisfied that the applicant—
a
has failed to meet the conditions in regulation 8 in respect of the modification; or
b
is not a fit and proper person to hold a certificate, as modified.
2
The notice shall—
a
give reasons for the refusal; and
b
give details of the right of review by the competent authority against the decision.
Review by the competent authority16
1
A person who is aggrieved by a decision of the competent authority to refuse, suspend or revoke a certificate or temporary certificate or to refuse to modify a certificate shall have a right to make representations (oral or written) to the competent authority and to have those representations considered by an independent person appointed by the competent authority.
2
Any representations shall be made within 21 days of the person receiving notification of the decision of the competent authority.
3
The independent person shall consider the representations and make recommendations in writing to the competent authority.
4
The competent authority shall—
a
reconsider its decision in the light of the recommendations of the independent person; and
b
give the person who made the representations written notification of its final determination and the reasons for it.
F15
A person who is aggrieved by the final determination of the competent authority under paragraph (4) may, within 21 days of the notification of the determination, appeal against that determination to a court of summary jurisdiction.
WASK licences17
1
On the coming into operation of these Regulations, the holder of a valid WASK licence shall surrender the WASK licence to the competent authority.
2
On surrender of a valid WASK licence the competent authority shall issue a certificate in respect of the holder.