Search Legislation

The Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2007

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART 4The Disposal and Burial of Unused On-Board Catering Supplies and Other Material

Disposal of unused catering supplies

29.—(1) Part 3 does not apply in relation to products that are brought into Scotland from means of transport operating internationally and that had been intended for consumption by the crew or passengers on that means of transport.

(2) Any person who has in their possession or under their control a product referred to in paragraph (1) must comply with Article 4(2) and (3) of Regulation (EC) No. 1774/2002.

(3) Where items such as packaging materials, or disposable cutlery or plates–

(a)have been in contact with a product referred to in paragraph (1); and

(b)are unloaded from the means of transport for disposal,

the person referred to in paragraph (2) must ensure that those items are dealt with in the same way as the products themselves.

Approval of landfills

30.—(1) Any person disposing of material in accordance with regulation 29 by burial in a landfill may only do so in a landfill approved under this regulation.

(2) The Scottish Ministers may only approve a landfill for the purposes of disposal of material under regulation 29 if they are satisfied that–

(a)the material will be buried without undue delay so as to prevent access to it by wild birds;

(b)the operator has taken adequate steps to prevent access to the unrestored and current working area of the landfill by ungulates; and

(c)the operator will comply with any conditions of the approval.

(3) The approval must be in writing, may be made subject to conditions, and may be amended or suspended by notice in writing in accordance with regulation 32.

(4) If the Scottish Ministers refuse to grant an approval, or grant an approval subject to a condition, they must by notice in writing served on the applicant–

(a)give the reasons; and

(b)explain the right of the applicant to make written representations to the Scottish Ministers and to appear before and be heard by an independent person appointed by the Scottish Ministers in accordance with regulation 33.

Operators of landfills

31.—(1) The operator of a landfill approved in accordance with regulation 30 must–

(a)maintain and operate the premises in accordance with the requirements in regulation 30(2)(a) and (b) and any conditions of the approval;

(b)ensure that any person employed by the operator, and any person permitted to enter the premises complies with those requirements and conditions;

(c)comply with the record-keeping requirements contained in Article 9 of Regulation (EC) No. 1774/2002; and

(d)keep equivalent records for material referred to in regulation 29(3).

(2) The records required to be kept under this regulation may be in written or electronic form and must be kept for at least two years.

Amendment, suspension and revocation of approvals

32.—(1) Where the Scottish Ministers are satisfied that any condition of the approval is no longer fulfilled, or that the requirements in regulation 30(2)(a) and (b) are not being complied with, or that it is necessary to do so for public or animal health reasons, they may, by notice in writing served on the operator, suspend the approval.

(2) Where the Scottish Ministers are satisfied that any condition of the approval should be amended for public or animal health reasons, they may, by notice in writing served on the operator, amend the approval.

(3) A suspension under paragraph (1) or an amendment under paragraph (2)–

(a)has immediate effect if the Scottish Ministers are satisfied that it is necessary for it to do so for the protection of public or animal health; and

(b)otherwise does not have effect for at least twenty-one days following service of the notice.

(4) The notice in paragraph (1) or (2) must–

(a)give the reasons for the suspension or amendment; and

(b)explain the right of the operator of the premises to make written representations to the Scottish Ministers and to be heard by an independent person appointed by the Scottish Ministers in accordance with regulation 33.

(5) Where there is an appeal under regulation 33, an amendment or suspension does not have effect until the final determination by the Scottish Ministers in accordance with that regulation unless the Scottish Ministers consider it necessary for the protection of public or animal health for the amendment or suspension to take effect sooner.

(6) Where the Scottish Ministers have suspended an approval, and–

(a)no appeal is brought in accordance with regulation 33; or

(b)the Scottish Ministers uphold the suspension following such an appeal,

the Scottish Ministers may by notice in writing revoke the approval provided that they are satisfied, taking into account all the circumstances of the case, that the premises will not be operated in accordance with the requirements of regulation 30(2)(a) or (b) or the conditions, if any, of the approval.

Appeals

33.—(1) A person on whom a notice is served under paragraph (4) of regulation 30 or paragraph (1) or (2) of regulation 32 may within twenty-one days beginning with the day on which the notice is served–

(a)provide written representations to the Scottish Ministers; and

(b)give notice in writing of the person’s wish to appear before and be heard by an independent person appointed by the Scottish Ministers.

(2) Where an appellant gives notice of the appellant’s wish to appear before and be heard by an independent person appointed for the purpose–

(a)the Scottish Ministers must appoint an independent person to hear representations and specify a time limit within which representations to that independent person must be made;

(b)the person so appointed must not, except with the consent of the appellant, be an officer or servant of the Scottish Ministers;

(c)if the appellant so requests, the hearing must be in public;

(d)the independent person must report to the Scottish Ministers; and

(e)if the appellant so requests, the Scottish Ministers must provide the appellant with a copy of the independent person’s report.

(3) The Scottish Ministers must give to the appellant written notification of their final determination and the reasons for it.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources