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The Meat (Official Controls Charges) (Scotland) Regulations 2009

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Agreements between the Agency and operators concerning the performance of official controls other than audit

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5.—(1) Where the Agency and the operator fail to agree as to a matter specified in sub‑paragraph (1)(a) of paragraph 4, the Agency shall determine the matter and shall notify the operator of that determination.

(2) An operator who does not agree with a determination made by the Agency pursuant to sub‑paragraph (1) may, within 3 weeks of the Agency giving notification to that operator under that sub‑paragraph, request that the determination be reviewed by the Agency.

(3) Where an operator makes a request under sub-paragraph (2) and pays to the Agency the sum of £250 by way of contribution to the costs incurred by the Agency in connection with the review, the Agency shall review the determination concerned and notify the operator of its decision.

(4) Where, pursuant to sub‑paragraph (3), the Agency decides that a determination made by it pursuant to sub‑paragraph (1) was incorrect, it shall refund to the operator the payment made by that person in accordance with sub‑paragraph (3).

(5) Where—

(a)following a review conducted pursuant to sub‑paragraph (3), the Agency decides that its determination was correct; and

(b)the operator has complied with the most recent demand made by the Agency pursuant to paragraph 3,

the operator may request that the matter that is the subject of that decision be determined by a person nominated for the purpose pursuant to sub-paragraph (7)(a).

(6) A request under sub-paragraph (5) shall be made within 1 week of the Agency giving notification to the operator under sub-paragraph (3).

(7) Where an operator makes a request under sub‑paragraph (5)—

(a)the Agency shall nominate a person to determine the matter from the list established under sub‑paragraph (8); and

(b)within 1 month of being nominated, the person so nominated—

(i)shall give the operator and the Agency an opportunity to make representations on the matter to be determined,

(ii)shall determine the matter concerned,

(iii)may make such order as to the costs incurred by the operator and the Agency as the person considers appropriate, and

(iv)shall notify the operator and the Agency of the determination and of any such order.

(8) The Agency shall establish and maintain a list of people who may be nominated for the purposes of this paragraph and shall consult those organisations appearing to represent operators before including any person on the list.

(9) Where, pursuant to sub‑paragraph (7)(b)(ii), the person nominated determines that the decision made by the Agency pursuant to sub‑paragraph (3) was incorrect, the Agency shall refund to the operator the payment made by the operator in accordance with sub‑paragraph (3).

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