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

Appeals against charges paid to the Scottish Ministers or the Agency

60.—(1) Any person who has paid a charge for veterinary checks to the Scottish Ministers or the Agency, and any organisation representing such persons, may, within twenty-one days of the charge being made, give notice in writing of that person’s wish to appeal to an independent person appointed by the Scottish Ministers, or, where the charge was paid to the Agency, to an independent person appointed by the Agency, on the ground that the amount of the charge is unreasonable.

(2) Where the charge was paid to the Agency, the functions of the Scottish Ministers in paragraphs (3) to (4) must be performed by the Agency.

(3) Where an appellant gives notice of that person’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.

(4) If the independent person is satisfied that the amount of the charge is unreasonable, the Scottish Ministers must recalculate 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.