The Processed Animal Protein (Wales) Regulations 2001

Approval of premises, suspension and withdrawal of approval

8.—(1) An application for approval of premises under regulations 5, 6 or 7 above —

(a) for the production of fishmeal for feeding to farmed animals other than ruminants;

(b) for the production of dicalcium phosphate for feeding to farmed animals; or

(c) for the production of hydrolysed protein for feeding to farmed animals,

shall be made in writing to the National Assembly by or on behalf of the person carrying on or proposing to carry on the business at the premises to which the application relates.

(2) The National Assembly shall notify the applicant in writing of its decision on an application made to it in accordance with this regulation; and, if it refuses to approve the premises in respect of which an application is made, it shall notify the applicant in writing of its reasons for the refusal.

(3) An approval of premises under regulations 5, 6 or 7 above shall specify —

(a) the name and address of the person to whom the approval is granted and the address of the approved premises;

(b) the use of the premises for the description of production for which the approval is granted; and

(c) the conditions subject to which the approval is granted.

(4) If in relation to any premises approved under regulations 5, 6 or 7 above it appears to the National Assembly that —

(a) the premises are not ABPO approved;

(b) the premises are being used otherwise than in accordance with the approval under regulations 5, 6 or 7 above;

(c) any condition specified in a Schedule to these Regulations which relate to the approval of the premises under regulations 5, 6 or 7 above has not been complied with.

(d) inspection of the premises for the purposes of these Regulations is being hampered; or

(e) the production of fishmeal, dicalcium phosphate or hydrolysed protein at the premises in respect of which it is approved is no longer being carried on there,

it may decide to suspend or withdraw the approval of the premises relating to that use.

(5) Where the National Assembly decides to suspend or withdraw an approval relating to any premises it shall give notice of the suspension or withdrawal to the person carrying on the business at the premises (or, in the case of a suspension or withdrawal under paragraph (4)(e) above, to the person formerly carrying on the business at the premises), and to any other person who appears to the National Assembly to be in current occupation of the premises.

(6) A notice of suspension or withdrawal of an approval shall include the following information —

(a) a summary of the decision of the National Assembly to suspend or withdraw the approval of the premises and the use of the premises for the description of production for which the approval is suspended or withdrawn;

(b) the reason for the suspension or withdrawal; and

(c) the date on which the suspension or withdrawal takes effect (which may be the same date as the date on which the notice is issued).

(7) The National Assembly shall not withdraw an approval unless —

(a) it appears to the National Assembly that —

(i) the person using or last using the premises for the description of production for which the approval is granted no longer wishes to carry on that use of the premises;

(ii) the description of production for which the premises are approved is no longer being carried on there;

(iii) if the approval is suspended, the person formerly using the premises, or any other person who in the opinion of the National Assembly would use the premises for the description of production for which the approval is granted, will not use the premises in accordance with the approval or one or more of the conditions specified in the Schedule to these Regulations which relate to the approval;

(iv) if the approval is not already suspended, a suspension would not enable the person using the premises for the description of production for which the approval is granted to take remedial action within a reasonable period after the suspension to enable the premises to be used in accordance with the approval or one or more of the conditions specified in a Schedule to these Regulations which relate to the approval; and

(b) it has given notice to the person using the premises for the description of production for which the approval is granted or, where the premises are not being used for that purpose, to the person last known to the National Assembly to be using the premises for that purpose, of its intention to withdraw the approval and has had regard to any representations made to it by that person in relation to that intention.

(8) Where —

(a) a suspension of an approval of premises under this regulation has taken effect; or

(b) an approval is withdrawn;

the premises shall be treated as if they were not approved for the description of production for which the approval was granted and in relation to which the approval is suspended or withdrawn.

(9) The National Assembly shall lift a suspension of an approval where it is satisfied that —

(a) the reason for the suspension no longer applies; and

(b) the person who would use the premises for the description of production for which the approval is granted will use the premises in accordance with the approval and the conditions specified in the Schedules to these Regulations which relate to the approval.