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The African Swine Fever (Scotland) Order 2003

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Compliance with notices, etc.

16.—(1) Any notice or licence under this Order shall be in writing, may be general or specific, may be subject to conditions and may be amended, suspended or revoked by notice in writing at any time, and in particular may be suspended or revoked if the Scottish Ministers or the local authority, as the case may be, are of the reasonable opinion that the provisions of this Order are not being complied with.

(2) If any person fails to comply with any requirement of this Order or any instruction given, or notice or licence served under it, an inspector may, without prejudice to any proceedings for an offence arising as a consequence of that failure, take such action as may be necessary to ensure that the requirement, instruction, notice or licence is complied with or carried out.

(3) The Scottish Ministers or the local authority may recover, as a debt, any expenses incurred by an inspector under paragraph (2), from the person in default.

(4) Where a person is aggrieved by a decision of a veterinary inspector or an inspector of a local authority in relation to a specific licence issued or a notice served under this Order, or as to the restrictions or requirements imposed in such a notice or the conditions imposed in such a specific licence, or as to the variation, suspension or revocation of such a specific licence or in the case of a general licence issued under this Order as to the variation or suspension of that licence in its application to any movement of a pig 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, and who will prepare a report following consideration of those representations;

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

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

(d)give to that 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 a veterinary inspector or an inspector, if relating to the restrictions or requirements imposed or to be imposed in a notice served under this Order, or the conditions imposed or to be imposed in or relating to variation, suspension or revocation of a specific or general licence issued under this Order, shall not have the effect of suspending the decision concerned pending that review.

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