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      SCOTTISH STATUTORY INSTRUMENTS

      2000 No. 61

      FOOD

      The Meat (Hygiene and Inspection) (Charges) Amendment (Scotland) Regulations 2000

        Made 9th March 2000 
        Laid before the Scottish Parliament 10th March 2000 
        Coming into force 1st April 2000 

      The Scottish Ministers in exercise of the powers conferred on them by sections 17(1), 45 and 48(1) of the Food Safety Act 1990[1] after consultation in accordance with section 48(4) of the Food Safety Act 1990 with such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations, and (insofar as these Regulations impose charges in relation to the monitoring of the requirements of the Welfare of Animals (Slaughter or Killing) Regulations 1995[2]) by section 2(2) of the European Communities Act 1972[3] hereby make the following Regulations:

      Citation, commencement and extent
           1.  - (1) These Regulations may be cited as the Meat (Hygiene and Inspection) (Charges) Amendment (Scotland) Regulations 2000 and shall come into force on 1st April 2000.

          (2) These Regulations extend to Scotland only.

      Amendments to the Meat (Hygiene and Inspection) (Charges) Regulations 1998
                 2.  - (1) The Meat (Hygiene and Inspection) (Charges) Regulations 1998[4] are amended in accordance with the following paragraphs of this regulation.

          (2) In the definition of "occupier" in paragraph (1) of regulation 2 (interpretation) for the words "slaughterhouse, cutting premises or a cold store" substitute the words "slaughterhouse, cutting premises, cold store or re-packaging centre".

          (3) In the definition of "premises" in paragraph (1) of regulation 2 (interpretation) for the words "slaughterhouse, cutting premises or cold store" substitute the words "slaughterhouse, cutting premises, cold store or re-packaging centre".

          (4) In the table in paragraph (2) of regulation 2 the words "re-packaging centre" are inserted in each of columns (1) and (2), after the entries relating to "cold store" in each case.

          (5) In paragraph (1) of regulation 3 (charges) for the words "slaughterhouse, cutting premises and cold store" substitute the words "slaughterhouse, cutting premises, cold store or re-packaging centre".

          (6) The following regulation is inserted after regulation 3 (charges)-

        " Withdrawal of inspections
             3A. Where the Scottish Ministers, or the Agency acting on their behalf, have obtained decree against an occupier for any sum which is recoverable by them as a debt from that occupier under regulation 3(4) above and the occupier fails within a reasonable time thereafter to comply with that decree, the Scottish Ministers may, without prejudice to any other legal remedy open to them, direct the Agency not to carry out any further inspections at the premises in respect of which the debt accrued until the debt has been satisfied.".

          (7) In paragraph 2 of the Schedule (calculation of the inspection charge) the following sub-paragraph is inserted after sub-paragraph (a):-

          " (aa) at a re-packaging centre".


      Susan C Deacon
      A member of the Scottish Executive

      St Andrew's House, Edinburgh
      9th March 2000

      EXPLANATORY NOTE

      (This note is not part of the Regulations)

      These Regulations (which extend to Scotland only) amend the Meat (Hygiene and Inspection) (Charges) Regulations 1998 (S.I. 1998/2095). Those Regulations implemented in Great Britain the provisions relating to charges for meat inspections of Council Directive 85/73/EEC (O.J. No. L162, 1.7.96, p.4).

      The amendments permit charges to be made for the carrying out of health inspections at re-packaging centres (as defined in regulation 2(1) of the Fresh Meat (Hygiene and Inspection) Regulations 1995 (S.I. 1995/539).

      The amendments also allow the Scottish Ministers to withdraw inspection services where the occupier of licensed premises fails to comply with a decree requiring payment of charges for such services.

       [1] 1990 c.16. The functions of the Secretary of State, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back

      [2] S.I. 1995/731.back

      [3] 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back

      [4] S.I. 1998/2095.back


      ISBN 0 11 059291 3


 



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