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The Disease Control (Interim Measures) (Scotland) Order 2002

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General provisions as to authorisations and licences

8.—(1) The person in charge of any animal to which an authorisation or specific licence issued under this Order relates shall, on demand made under this Order by a constable or by an inspector or other officer of the Scottish Ministers or of a local authority, produce the authorisation or licence, and allow a copy thereof or an extract therefrom to be taken, and shall also, if so required, provide the name and address of that person.

(2) An authorisation or licence granted under this Order shall be in writing, shall be subject to such conditions as are specified in it, may, subject to paragraph (4), be varied, suspended or revoked at any time by notice in writing issued by the Scottish Ministers and shall be served, if the licence is a specific licence, on the person to whom it was granted or if it is a general licence, notified in such manner as the Scottish Ministers may reasonably consider most appropriate.

(3) In the case of a general licence, the Scottish Ministers may, subject to paragraph (4), vary or suspend that general licence in its application to any movement by a specific person or of specific animals.

(4) Where a person is aggrieved by a decision of the Scottish Ministers to refuse to issue an authorisation or a specific licence, as to the conditions imposed in an authorisation or a specific licence, or to vary, suspend or revoke an authorisation or specific licence under paragraph (2), or in the case of a general licence to vary or suspend that licence in its application to any movement under paragraph (3), that person may, within the period of 21 days of the date when that person receives notice of that decision, require that the Scottish Ministers review that decision, and in carrying out that review the Scottish Ministers shall–

(a)afford that person an opportunity of making representations for consideration by an officer of the Scottish Ministers 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)give to the aggrieved person notification of the decision on the review and the reasons for that decision.

(5) The making of a request to review the decision of the Scottish Ministers, if relating to the conditions to be imposed or relating to variation, suspension or revocation, shall not have the effect of suspending the decision concerned pending that review.

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