The Bananas (Enforcement of Quality Standards) (Scotland) Regulations 2011

Powers to control the movement of bananas

12.—(1) An authorised officer may, by written notice (a “stop notice”) in accordance with paragraph (2), prohibit the movement of any bananas if the authorised officer reasonably suspects that an offence under these Regulations is being committed in respect of those bananas.

(2) The written notice referred to in paragraph (1) must be served on the person appearing to the authorised officer to be in charge of the bananas concerned and must—

(a) specify the date, place and time of service of the notice;

(b) contain details of the recipient of the notice;

(c) specify the bananas in relation to which the power has been exercised;

(d) state the reason for their detention;

(e) confirm that options for bringing the bananas into conformity with the EU banana quality standards or for the appropriate disposal of those bananas have been discussed between the authorised officer and the person appearing to be in charge of the bananas;

(f) state the location of the bananas;

(g) state that the bananas may not be moved from that location without the written consent of an authorised officer; and

(h) contain the authorised office’s official stamp and number.

(3) When serving the notice, the authorised officer must inform the person on whom the notice is served of the right of review under paragraph (4) and how it may be exercised.

(4) The person on whom the notice has been served, or the owner of the bananas or an agent or employee acting on behalf of the owner (“the relevant person”), may request the Scottish Ministers to arrange a review of the decision to serve the notice.

(5) The relevant person requesting a review of a decision to serve a notice under paragraph (1) must do so in person, by telephone, in writing or by fax to the contact details indicated in the notice and a request in person or by telephone must be confirmed in writing as soon as reasonably practicable thereafter.

(6) The review is to be determined by a person (unconnected with the original decision) appointed by the Scottish Ministers (“the appointed person”) under arrangements maintained by them for the purpose of this regulation.

(7) The appointed person conducting the review may cancel the notice or confirm it, with or without modifications.

(8) The appointed person must—

(a) complete the review as soon as reasonably practicable and in any event within two working days of the request being made under paragraph (4); and

(b) serve notice on the relevant person of the decision in writing.

(9) The Scottish Ministers may suspend the notice pending determination of the review and must serve a notice forthwith of their decision to do so on the relevant person and the authorised officer.

(10) The appointed person’s determination is final.