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The Common Agricultural Policy (Wine) (Scotland) Regulations 2002

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Review of prohibitions etc. on movement of wine-sector products by enforcement authorities other than the Wine Standards Board

11.—(1) This regulation applies where an authorised officer of an appropriate enforcement authority other than the Wine Standards Board–

(a)has given to a person who appears to the officer to be in charge of a wine-sector product a notice under regulation 8(2); or

(b)has refused to give consent to the movement of a controlled wine-sector product under regulation 9.

(2) The owner of the wine-sector product concerned may each make a request either in writing or in electronic form to the relevant enforcement authority for the enforcement authority to review the giving of the notice.

(3) Where a request for the review of a notice or of a refusal is received by the appropriate enforcement authority, the enforcement authority shall–

(a)afford the aggrieved person an opportunity of making representations for consideration by an officer of the enforcement authority who has not been involved in the initial decision who will prepare a report following consideration of those representations;

(b)supply a copy of the report by that officer to the aggrieved person;

(c)consider the report by that officer before making a decision on the review; and

(d)communicate the decision on the review together with a statement giving the full reasons for the decision to the aggrieved person.

(4) The enforcement authority shall, if satisfied that the decision of the authorised officer to give the notice or refuse consent was not justified, cause the prohibition on movement and the notice to be withdrawn or, as the case may be, give consent to the movement of the controlled wine-sector product concerned.

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