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The Welfare of Animals (Transport) (Scotland) Regulations 2006

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Suspension, revocation of approvals etc

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20.—(1) The Scottish Ministers, by notice served on the holder of an approval, authorisation or certificate, may suspend or amend an approval, authorisation, a certificate of approval or a certificate of competence if they are satisfied that any conditions under which it was granted or of any provision of Council Regulation (EC) No. 1/2005, Council Regulation (EC) No. 1255/97 or these Regulations have been breached.

(2) A suspension under paragraph (1)–

(a)has immediate effect where the Scottish Ministers consider it necessary for the protection of animal welfare;

(b)otherwise shall not have effect for at least 21 days following service of the notice.

(3) The notice must–

(a)give reasons;

(b)state when it comes into effect and, in the case of a suspension, state on what date or event it is to cease to have effect; and

(c)explain the right of the recipient of the notice to make written representations to a person appointed by the Scottish Ministers.

(4) Where the notice does not have immediate effect, and representations are made under regulation 21, an amendment or suspension will not have effect until the final determination by the Scottish Ministers in accordance with regulation 21 unless the Scottish Ministers decide that it is necessary for the protection of animal welfare for the amendment or suspension to have immediate effect and give notice to the holder of the approval, authorisation or certificate.

(5) Where a suspension is upheld, the Scottish Ministers may, by notice, revoke an approval, authorisation, certificate of approval or certificate of competence if satisfied that these Regulations, Council Regulation (EC) No. 1/2005 or Council Regulation (EC) No. 1255/97 will not be complied with.

(6) A notice must not be issued under paragraph (5) until the process in regulation 21 (if any) has been completed.

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