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The Zootechnical Standards (Scotland) Regulations 2019

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Review in respect of a decision taken under Article 47 of the Animal Breeding Regulation

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7.—(1) Where—

(a)a competent authority has granted recognition of a breed society or breeding organisation in accordance with Article 4(3) of the Animal Breeding Regulation, and

(b)that competent authority has given that breed society or breeding operation a notice under Article 47(2)(a) of that Regulation in respect of a decision to withdraw that recognition,

that breed society or breeding operation may apply to the competent authority for a reconsideration of the decision given in that notice.

(2) An application under paragraph (1) must—

(a)be made by the breed society or breeding operation within the period of 28 days beginning with the day on which the relevant notice is served,

(b)state the reasons for making the application, and

(c)be accompanied by such evidence as the breed society or breeding operation believes supports those reasons.

(3) The competent authority may request evidence from the breed society or breeding operation in support of the application.

(4) The competent authority must as soon as reasonably practicable—

(a)consider the application and make a decision in respect of it,

(b)give written notification to the breed society or breeding operation stating whether the decision is confirmed or reversed, and

(c)if the decision is reversed take the appropriate action in respect of the reversed decision.

(5) The availability of a review under this regulation does not prevent a notice described in paragraph (1) having effect immediately upon being served.

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