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The Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2002

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Appeals against charges

53.—(1) Any person who has paid a charge for a veterinary check to a local authority may, within 28 days of the charge being paid, appeal on the ground that the amount of the charge is unreasonable–

(a)to the Scottish Ministers, where the charge is for a veterinary check carried out otherwise than in relation to any function of the Agency; and

(b)to the Agency, where the charge is for a veterinary check carried out in relation to any function of the Agency.

(2) Where there is an appeal under paragraph (1), the Scottish Ministers or the Agency, as the case may be, shall afford an opportunity to the appellant and to the local authority to make representations and if, on consideration of the circumstances and such representations, they are satisfied that the amount of the charge is unreasonable, they shall so inform the local authority, and the local authority shall recalculate the amount of the charge in accordance with any directions given by the Scottish Ministers or the Agency and repay to the person who has paid the charge the difference between the original charge and the recalculated charge.

(3) Any person who has paid a charge for a veterinary check to the Scottish Ministers or the Agency may, within 28 days of the charge being paid, appeal to an independent person appointed by the Scottish Ministers on the ground that the amount of the charge is unreasonable.

(4) The terms of appointment and the remuneration of the independent person referred to in paragraph (3) shall be determined by the Scottish Ministers.

(5) Where there is an appeal under paragraph (3), the independent person shall afford an opportunity to the appellant and to the Scottish Ministers to make representations and if, on consideration of the circumstances and such representations, he or she is satisfied that the amount of the charge is unreasonable, he or she shall so inform the Scottish Ministers, and the Scottish Ministers shall recalculate the amount of the charge in accordance with any directions given by the independent person and repay to the person who has paid the charge the difference between the original charge and the recalculated charge.

(6) Any person who is aggrieved by a decision referred to in paragraphs (3) or (5) may, within the period of 28 days after the date when that person is notified of the outcome of that decision, appeal to the sheriff by way of summary application, and the sheriff may on consideration of the circumstances and of any representations made to him or her, make such order as the sheriff thinks fit.

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