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The Products of Animal Origin (Third Country Imports) (England) Regulations 2006

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Amendment, suspension and revocation of approvals

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32.  (1)  Where the Secretary of State is 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, he may, by notice in writing served on the operator, suspend the approval.

(2) Where the Secretary of State is satisfied that any condition of the approval should be amended for public or animal health reasons, he 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 Secretary of State is 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 Secretary of State and to be heard by an independent person appointed by the Secretary of State 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 Secretary of State in accordance with that regulation unless the Secretary of State considers it necessary for the protection of public or animal health for the amendment or suspension to take effect sooner.

(6) Where the Secretary of State has suspended an approval, and––

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

(b)the Secretary of State upholds the suspension following such an appeal,

he may by notice in writing revoke the approval provided that he is 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.

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