The Animal Welfare (Livestock Exports) Enforcement Regulations 2024

SCHEDULE 1 Representations and appeals

Regulation 8 PART 1 Representations and appeals in respect of a decision by the Secretary of State Application of Part 1 1 This Part applies in relation to a decision by the Secretary of State to suspend or revoke a person’s approval, authorisation or certificate under regulation 7. Representations 2 The person may make written representations to the Secretary of State within the period of 28 days beginning with the date on which the person is first notified of the decision. Reconsideration 3 If the person makes written representations to the Secretary of State within the period referred to in paragraph 2, the Secretary of State must reconsider the decision. 4 The Secretary of State must give written notice of the Secretary of State’s determination upon reconsideration under paragraph 3. 5 If the determination of the reconsideration is to vary or rescind the suspension or revocation, the Secretary of State must do that. 6 If the determination maintains the suspension or revocation (with or without variation), the Secretary of State must also notify the person of their right to appeal. Appeals 7 In a case referred to in paragraph 6, the person may appeal to the First-tier Tribunal within the period of 28 days beginning with the date on which the notice was served under paragraph 4. 8 An appeal to the First-tier Tribunal under paragraph 7 may be on any of the following grounds— (a) that the decision was based on an error of fact; (b) that the decision was wrong in law; or (c) that the decision was unfair or unreasonable for any reason. 9 On appeal the First-tier Tribunal may— (a) uphold the Secretary of State’s decision; or (b) vary or rescind the suspension or revocation. Suspension of Secretary of State’s decision 10 Until the time specified in paragraph 11, a suspension or revocation under regulation 7 does not have effect. 11 For the purposes of paragraph 10, the time is whichever is the later of— (a) the end of the period for making representations under paragraph 2; (b) if representations are made during that period, the end of the period for making an appeal under paragraph 7; (c) if an appeal is made within that period, the time when the appeal is finally determined or withdrawn. PART 2 Representations and appeals in respect of a decision by the Scottish Ministers Application of Part 2 12 This Part applies in relation to a decision by the Scottish Ministers to suspend or revoke a person’s approval, authorisation or certificate under regulation 7. Representations 13 The person may make written representations to the Scottish Ministers within the period of 28 days beginning with the date on which the person is first notified of the decision. Reconsideration 14 If the person makes written representations to the Scottish Ministers within the period referred to in paragraph 13, the Scottish Ministers must reconsider the decision. 15 The Scottish Ministers must give written notice of their determination upon reconsideration under paragraph 14. 16 If the determination is to vary or rescind the suspension or revocation, the Scottish Ministers must do that. 17 If the determination maintains the suspension or revocation (with or without variation), the Scottish Ministers must also notify the person of their right to appeal. Appeals: procedure 18 In a case referred to in paragraph 17, the person may appeal to the sheriff. 19 An appeal under paragraph 18 must be commenced within the period of 28 days beginning with the date on which the determination was notified. Appeals: provision of reasons 20 For the purposes of an appeal under paragraph 18, the sheriff may require the Scottish Ministers to give reasons for the determination. 21 The Scottish Ministers must comply with such a requirement. Appeals: determination 22 The sheriff may uphold an appeal only if the sheriff considers that the Scottish Ministers— (a) erred in law; (b) based their determination on any incorrect material fact; (c) acted contrary to natural justice; or (d) exercised their discretion in an unreasonable manner. 23 In considering an appeal, the sheriff may hear evidence by or on behalf of any party to the appeal. 24 On upholding an appeal, the sheriff may— (a) remit the case with the reasons for such a decision to the Scottish Ministers for reconsideration; or (b) reverse or modify the determination of the Scottish Ministers. 25 On remitting a case under paragraph 24(a), the sheriff may— (a) specify a date by which the reconsideration by the Scottish Ministers must take place; (b) modify any procedural steps which otherwise would be required in relation to the matter by or under any enactment, Act of the Scottish Parliament or subordinate legislation made under an Act of the Scottish Parliament (including these Regulations). 26 The sheriff may include in the decision on an appeal such order as to the expenses of the appeal as the sheriff thinks proper. 27 The decision of the sheriff is final. Suspension of the Scottish Ministers’ decision 28 A suspension or revocation under regulation 7, including any suspension or revocation as varied following reconsideration under paragraph 14, does not have effect until the time specified in paragraph 29. 29 For the purposes of paragraph 28, the time is whichever is the later of— (a) the end of the period for making representations under paragraph 13; (b) if representations are made during that period, the end of the period for making an appeal specified in paragraph 19; (c) if an appeal is made under paragraph 18 in accordance with paragraph 19, the time when the appeal is finally determined or withdrawn. PART 3 Representations and appeals in respect of a decision by the Welsh Ministers Application of Part 3 30 This Part applies in relation to a decision by the Welsh Ministers to suspend or revoke a person’s approval, authorisation or certificate under regulation 7. Representations 31 The person may make written representations to the Welsh Ministers within the period of 28 days beginning with the date on which the person is first notified of the decision. Reconsideration 32 If the person makes written representations to the Welsh Ministers within the period referred to in paragraph 31, the Welsh Ministers must reconsider the decision. 33 The Welsh Ministers must give written notice of their determination upon reconsideration under paragraph 32. 34 If the determination of the reconsideration is to vary or rescind the suspension or revocation, the Welsh Ministers must do that. 35 If the determination maintains the suspension or revocation (with or without variation), the Welsh Ministers must also notify the person of their right to appeal. Appeals 36 In a case referred to in paragraph 35, the person may appeal to the First-tier Tribunal within the period of 28 days beginning with the date on which the notice was served under paragraph 33. 37 An appeal to the First-tier Tribunal under paragraph 36 may be on any of the following grounds— (a) that the decision was based on an error of fact; (b) that the decision was wrong in law; or (c) that the decision was unfair or unreasonable for any reason. 38 On appeal the First-tier Tribunal may— (a) uphold the Welsh Ministers’ decision; or (b) vary or rescind the suspension or revocation. Suspension of the Welsh Ministers’ decision 39 Until the time specified in paragraph 40 a suspension or revocation under regulation 7 does not have effect. 40 For the purposes of paragraph 39, the time is whichever is the later of— (a) the end of the period for making representations under paragraph 31; (b) if representations are made during that period, the end of the period for making an appeal under paragraph 36; (c) if an appeal is made within that period, the time when the appeal is finally determined or withdrawn.