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The Food (Northern Ireland) Order 1989

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Emergency order for closure of premises

23.—(1) Where a person is prosecuted by a district council for an offence described in Article 22(1), and the district council applies for an order under this Article, the court may, if satisfied—

(a)by evidence tendered by the district council, and

(b)after hearing any evidence submitted by the accused and the owner of the premises if he is not also the accused,

that the use of the premises for the purposes of a food business involves an imminent risk of danger to health, make an order prohibiting, either absolutely or subject to conditions, the use of the premises for those purposes; and the order shall continue in effect until the determination of the proceedings relating to the offence or the issue of a certificate by the district council under paragraph (5), whichever is the sooner.

(2) An emergency order shall not be made unless the district council has, not less than three days before the hearing of the application, given notice in writing of its intention to apply for such an order to—

(a)the accused, and

(b)the owner of the premises (unless the district council is unable after reasonable inquiry to ascertain his identity), if he is not the accused.

(3) A notice under paragraph (2) shall specify the measures which the district council considers should be taken to remove the risk of danger to health.

(4) The district council shall serve a copy of an emergency order as soon as practicable after the order has been made on the persons referred to in paragraph (2).

(5) Any person who wishes to carry on a food business at any premises with respect to which an emergency order is in force, may apply to the district council which, if satisfied that there is no longer any risk of danger to health, shall issue to the applicant a certificate to that effect within fourteen days.

(6) A person who contravenes an emergency order shall be guilty of an offence.

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