The Food (Northern Ireland) Order 1989

Provisions relating to district councils

Notices, etc., to be in writing; forms of notices, etc.

65.—(1) All notices, consents and other documents authorised or required by or under this Order to be given by a district council, and all notices and applications authorised or required by or under this Order to be made to, or to any officer of, a district council, shall be in writing.

(2) The form of any notice, certificate or other document to be used for any of the purposes of this Order shall be such as may be prescribed.

Proof of resolutions, etc.

66.  In any proceedings under this Order or any regulations made under it a document purporting to be certified by the clerk of a district council as a copy of—

(a) a resolution passed or order made by that council on a specified date; or

(b) the appointment of, or any authorisation given to, an officer of that council on a specified date;

shall be evidence that that resolution, order, appointment or authorisation was duly passed, made or given by the council on that date.

Protection for officers acting in good faith

67.—(1) An officer of a district council shall not be personally liable in respect of any act done by him in the execution or purported execution of this Order and within the scope of his employment, if he did that act in the honest belief that his duty under this Order required or entitled him to do it.

(2) Nothing in paragraph (1) shall be construed as relieving a district council from any liability in respect of acts of their officers.

(3) Where—

(a) an action has been brought against an officer of a district council in respect of an act done by him in execution or purported execution of this Order; and

(b) the circumstances are such that he is not legally entitled to require the council to indemnify him;

the council may, nevertheless, indemnify him against the whole or a part of any damages and costs which he may have been ordered to pay or may have incurred, if it is satisfied that he honestly believed that—

(i) the act complained of was within the scope of his employment; and

(ii) his duty under the Order required or entitled him to do it.

(4) For the purposes of this Article—

(a) a public analyst appointed by a district council, whether or not he is employed full-time; and

(b) a person approved by the Department for the purposes of Article 39(4);

shall be treated as being an officer of the relevant district council.

Default of district councils

68.—(1) If the Department, after communication with a district council, is of opinion that the council has failed to exercise any of its functions under this Order, the Department may by order empower an officer of the Department to exercise, or procure the exercise of, that function.

(2) Any expenses incurred by the Department or by an officer of the Department under any order made under paragraph (1) shall, in the first instance, be defrayed out of moneys appropriated by Measure but—

(a) the amount of those expenses as certified by the Department shall, on demand, be paid to the Department by the district council; and

(b) any sum demanded under sub-paragraph (a) shall be recoverable by the Department from the district council as a civil debt due to the Crown.

(3) Nothing in this Article shall affect any other power exercisable by the Department with respect to defaults of district councils.