Animal Health Act 1981

Valid from 14/01/2003

[F1 36D Appeals E+W

(1) A person to whom a restriction notice has been given may appeal against the notice to a person appointed by the Secretary of State for the purpose of dealing with appeals under this Part (“an assessor”).

(2) An appeal may not be brought after the end of the period of 21 days beginning with the date on which the notice concerned was given to the appellant.

(3) But the Secretary of State may, in a particular case, extend the period of 21 days if he considers that there are exceptional circumstances justifying the extension.

(4) If the restriction notice applies to more than one sheep, the appeal may be limited to the sheep specified by the appellant.

(5) If the assessor allows the appeal, in whole or in part, he may—

(a) revoke the notice,

(b) revoke the notice so far as it applies to one or more sheep specified by him, or

(c) direct that a further test is carried out in relation to sheep specified by him.

(6) A direction under subsection (5)(c) may require—

(a) a further sample to be taken,

(b) the further test to be carried out by a different testing laboratory.

(7) The Secretary of State may make regulations supplementing the provisions of this section.

(8) The regulations may, in particular, make provision—

(a) as to the procedure to be followed on an appeal,

(b) extending the period mentioned in section 36C(9)(a) where an appeal is brought against a restriction notice,

(c) requiring the appellant to meet the reasonable costs of, and in connection with, the taking of a further sample or the carrying out of a further test as a result of a direction under subsection (5)(c), and

(d) as to the recovery of any such costs.

(9) The revocation of a restriction notice (in whole or in part) by an assessor does not prevent the issue of another restriction notice, following the testing of a further sample.]

Textual Amendments

F1 Pt. 2A (ss. 36A-36M) inserted (14.1.2003) by 2002 c. 42, s. 6, Sch.; S.I. 2002/3044, art. 2