Animal Health Act 1981

[F1 36Q Review S

(1) A person to whom a restriction notice is given may, within the period referred to in subsection (2)—

(a) make a written request to the Scottish Ministers for a review of the restriction notice or any part of it;

(b) make written representations to the Scottish Ministers; and

(c) request—

(i) an appearance, for the purposes of the review, before the assessment panel;

(ii) that the appearance be in public.

(2) The period is—

(a) 21 days beginning with the day on which the notice is given; or

(b) in exceptional circumstances, such longer period as the Scottish Ministers may agree to.

(3) The Scottish Ministers must arrange for an assessment panel to consider a review as requested under subsection (1).

(4) The proceedings of an assessment panel are to be conducted in such form and manner as the panel considers fit.

(5) The assessment panel must prepare and send a report to the Scottish Ministers which—

(a) states its findings in relation to the representations and information before it; and

(b) makes a recommendation as to how to determine the review.

(6) The Scottish Ministers, having regard to any representations made under subsection (1)(b) and the report sent to them under subsection (5), must—

(a) determine the review; and

(b) give to the person who requested the review—

(i) written notification of their determination and their reasons for it; and

(ii) if the person so requests, a copy of the report sent to them under subsection (5).

(7) The Scottish Ministers may, in so far as a review upholds a restriction notice, recover from the person who requested the review such reasonable expenses as arise from any sampling or testing carried out in connection with the review.

(8) In this section, an assessment panel—

(a) consists of one or more persons appointed by the Scottish Ministers for the purposes of this section; and

(b) must not, except with the consent of the person who requested the review, include members of the staff of the Scottish Administration.]

Textual Amendments

F1 Pt. 2B inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), ss. 11, 55(1) (with s. 54); S.S.I. 2006/482, art. 2