Animals Citation and commencement 1 These Regulations may be cited as the Welfare of Animals (Transport) (Scotland) Amendment Regulations 2009 and come into force on 13th November 2009. Amendments to the Welfare of Animals (Transport) (Scotland) Regulations 2006 2 1 The Welfare of Animals (Transport) (Scotland) Regulations 2006 are amended in accordance with the following paragraphs. 2 In regulation 2 (interpretation)— a at the end of the definition of “Council Regulation ( EC ) No. 1/2005”, insert “, as amended from time to time”; b at the end of the definition of “Council Regulation (EC) No. 1255/97”, insert “, as amended from time to time”; and c after the definition of “Council Regulation (EC) No. 1255/97”, insert— “inspector” means a person appointed as an inspector by the Scottish Ministers or a local authority for the purposes of these Regulations; and . 3 For regulation 9(1) (control posts), substitute— 1 It is an offence under the Act for any person to operate a control post unless that post is approved by the Scottish Ministers for that purpose. . 4 In regulation 22(1) (powers of inspectors) for “appearing to the inspector to be in charge of the animals”, substitute “responsible for the animals on a permanent or temporary basis”. 5 After regulation 24 (compliance with notices) insert— Service of notices 24A 1 Any notice under these Regulations or any notification of a determination of the Scottish Ministers may be served on the person to be affected by it, either— a by its delivery to that person; b by the leaving of it for that person at the last known home or business address; or c by the sending of it through the post in a letter addressed to that person at the last known home or business address. 2 Any reference in these Regulations to anything done in writing or produced in written form includes reference to an electronic communication as defined in the Electronic Communications Act 2000 which has been recorded and is consequently capable of reproduction. 3 An electronic communication shall be taken to be received on the day after the day of its transmission. Appeals 24B 1 A person may appeal to the sheriff against— a a determination notified by the Scottish Ministers under regulation 21(4); or b a notice served by an inspector under regulation 22. 2 An appeal under this regulation shall be made by way of summary application and shall be lodged with the sheriff clerk within the period of 28 days from the day on which the determination was notified or notice was served. 3 On special cause being shown, the sheriff may hear an appeal under this regulation notwithstanding that it was not lodged within the time mentioned in paragraph (2). 4 For the purposes of an appeal under this regulation, the sheriff may require the Scottish Ministers or the local authority to give reasons for the determination or notice, and the Scottish Ministers or the local authority must comply with such a requirement. 5 The sheriff may uphold an appeal under this regulation only if the sheriff considers that the Scottish Ministers or the local authority— a erred in law; b based their determination or notice on any incorrect material fact; c acted contrary to natural justice; or d exercised their discretion in an unreasonable manner. 6 In considering an appeal under this regulation, the sheriff may hear evidence by or on behalf of any party to the appeal. 7 On upholding an appeal under this regulation, the sheriff may— a remit the case with the reasons for such decision to the Scottish Ministers or the local authority for reconsideration; or b reverse or modify the determination or notice of the Scottish Ministers or the local authority. 8 On remitting a case under paragraph (7)(a), the sheriff may— a specify a date by which the reconsideration by the Scottish Ministers or the local authority 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 and subordinate legislation made under an Act of the Scottish Parliament (including these Regulations). 9 The sheriff may include in the decision on an appeal under this regulation such order as to the expenses of the appeal as the sheriff thinks proper. 10 The decision of the sheriff is final. . RICHARD LOCHHEAD A member of the Scottish Executive St Andrew’s House, Edinburgh 6th October 2009