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The Processed Animal Protein (Scotland) Regulations 2001

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Approval of premises, suspension and withdrawal of approval

8.—(1) An application for approval of premises under regulations 5, 6 or 7–

(a)for the production of fishmeal for feeding to farmed animals other than ruminants;

(b)for the production of dicalcium phosphate for feeding to farmed animals; or

(c)for the production of hydrolysed protein for feeding to farmed animals,

shall be made in writing to the Scottish Ministers 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 Scottish Ministers shall notify the applicant in writing of their decision on an application made in accordance with this regulation and, if any such application is refused, shall notify the applicant in writing of the reasons for the refusal.

(3) An approval of premises under regulations 5, 6 or 7 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 specified at paragraph (1)(a) to (c) above for which the approval is granted; and

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

(4) If in relation to any use of premises approved under these Regulations it appears to the Scottish Ministers that–

(a)the premises are not ABPO approved;

(b)the premises are being used otherwise than in accordance with the approval under regulations 5, 6 or 7 above;

(c)any condition specified in a Schedule which relates to the approval of the premises under regulations 5, 6 or 7 above has not been complied with;

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

(e)the production of fishmeal, dicalcium phosphate or hydrolysed protein at the premises in respect of which it is approved is no longer being carried on there,

they may decide to suspend or withdraw the approval of the premises relating to that use.

(5) Where the Scottish Ministers decide to suspend or withdraw an approval relating to the use of premises they shall give notice of the suspension or withdrawal to the person carrying on the business at the premises (or, in the case of a suspension or withdrawal under paragraph (4)(e) above, to the person formerly carrying on the business at the premises), and to any other person who appears to the Scottish Ministers to be in current occupation of the premises.

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

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

(b)the reason for the suspension or withdrawal; and

(c)the date on which the suspension or withdrawal takes effect (which may be the same date as the date on which the notice is issued).

(7) The Scottish Ministers shall not withdraw an approval unless–

(a)it appears to the Scottish Ministers that–

(i)the person using or last using the premises for the description of production for which the approval is granted no longer wishes to carry on that use of the premises;

(ii)the description of production for which the premises are approved is no longer being carried on there;

(iii)if the approval is suspended, the person formerly using the premises, or any other person who it appears to the Scottish Ministers would use the premises for the description of production for which the approval is granted, will not use the premises in accordance with the approval, or one or more of the conditions specified in the Schedule which relates to the approval; or

(iv)if the approval is not already suspended, a suspension would not enable the person using the premises for the description of production for which the approval is granted from taking action within a reasonable period after the suspension to enable the premises to be used in accordance with the approval, or one or more of the conditions specified in the Schedule which relates to the approval; and

(b)notice has been given to the person using the premises for the description of production for which the approval is granted or, where the premises are not being used for that purpose, to the person last known to the Scottish Ministers to be using the premises for that purpose, of the intention to withdraw the approval and any representations made by that person in relation to that intention have been taken into account.

(8) Where–

(a)a suspension of an approval of premises under this regulation has taken effect; or

(b)an approval is withdrawn,

the premises shall be treated as if they were not approved for the description of production for which the approval was granted and in relation to which the approval is suspended or withdrawn.

(9) The Scottish Ministers shall lift a suspension of an approval if satisfied that–

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

(b)the person who would use the premises for the description of production for which the approval is granted will use the premises in accordance with the approval and the conditions specified in the Schedule which relates to the approval.

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