The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007

PART I Membership

1.  Any reference to “the Directive” in this Part of this Schedule is a reference to Council Directive 90/539/EEC.

2.  An application for an establishment to become a member of the Poultry Health Scheme (“the scheme” in this Schedule) must be accompanied by the registration fee, the details of which are set out in Part II of this Schedule.

3.  The Scottish Ministers shall grant membership of the scheme to an establishment if–

(a) they are satisfied, following an inspection by a veterinary inspector who is a member of the State Veterinary Service, that–

(i) the establishment meets the requirements regarding facilities in Chapter II of Annex II to the Directive; and

(ii) the operator of the establishment will comply, and ensure that the establishment complies, with the requirements of point 1 of Chapter I of Annex II to the Directive; and

(b) the operator of the establishment, having been notified that the Scottish Ministers are satisfied that the requirements in sub-paragraph (a) are met, has paid the annual membership fee, the details of which are set out in Part III of this Schedule.

4.  The disease surveillance programme referred to in paragraph (b) of point 1 of Chapter I of Annex II to the Directive shall consist of the disease surveillance measures specified in Chapter III of Annex II to the Directive, together with any additional testing requirements that a veterinary inspector notifies in writing to the operator of an establishment as being requirements that the inspector considers are necessary to avoid the spreading of contagious disease through intra Community trade, taking into account the particular circumstances at that establishment.

5.  On receipt of the first annual membership fee, the Scottish Ministers shall issue the establishment’s membership certificate, which shall include the establishment’s membership number.

6.  The operator of an establishment which is a member of the scheme shall pay the annual membership fee each year, and shall pay any re inspection fee, the details of which are set out in Part IV of this Schedule, when it becomes due.

7.  In order to ensure that establishments and operators of those establishments continue to meet the requirements of the scheme, and generally to ensure compliance with the Directive–

(a) a veterinary inspector shall carry out an annual inspection of the establishment; and

(b) a veterinary inspector shall carry out any additional inspections (insofar as not provided for under paragraph 9) which the Scottish Ministers consider necessary.

8.  The operator of an establishment shall notify the Scottish Ministers if ownership or control of the establishment changes.

9.—(1) Without prejudice to any action which may be taken under paragraph 10, where at the annual inspection of an establishment, the establishment or the operator of that establishment do not appear to the Scottish Ministers to meet the requirements for membership of the scheme or of the Directive a veterinary inspector who is a member of the State Veterinary Service shall carry out such additional inspections (“re inspections”) as the Scottish Ministers consider necessary to ensure compliance with those requirements.

(2) If a re inspection is carried out–

(a) a fee shall be charged for each re inspection; and

(b) such a fee shall become due upon receipt of an invoice for that fee by the operator of that establishment.

10.  The Scottish Ministers–

(a) shall suspend, revoke or restore membership of the scheme in accordance with Chapter IV of Annex II to the Directive (references to “withdrawal” in that Chapter shall be read as references to “revocation” for the purposes of this paragraph); and

(b) may suspend or revoke membership of the scheme if–

(i) an establishment is in breach of any of the requirements regarding facilities in Chapter II of Annex II to the Directive;

(ii) the operator or the establishment is in breach of any of the requirements in point 1 of Chapter I of Annex II to the Directive;

(iii) ownership or control of an establishment changes; or

(iv) the operator has not paid the annual membership fee or if a re inspection fee remains unpaid for 30 days or more after becoming due.