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The Food Safety (Amendment) (Northern Ireland) Order 1996

Status:

This is the original version (as it was originally made).

Enforcement of the Order, analysts and appeals

7.—(1) In Article 2(2) of the principal Order (interpretation), in the definition of “authorised officer”, after sub-paragraph (b), there shall be inserted—

(c)in the case of duties imposed on the Department concerned by virtue of a direction under Article 26(2), a person who is generally or specially authorised in writing by the Department concerned for the purposes of that direction;.

(2) In Article 26 of the principal Order (enforcement of the Order)—

(a)in paragraph (2) for “The Department” there shall be substituted “The Department concerned” and for “the Department” there shall be substituted “that Department or any person who is generally or specially authorised in writing by that Department”;

(b)in paragraph (4)—

(i)after “Department” there shall be inserted “concerned”;

(ii)the word “such” shall cease to have effect;

(iii)at the end there shall be added “under any provisions of this Order or any regulations or orders made under it”;

(c)paragraph (5) shall cease to have effect.

(3) In Article 27(6) of the principal Order (appointment of analysts by the Department of Agriculture) for “conferred on that Department by” there shall be substituted “of that Department under”.

(4) After Article 37(2) of the principal Order there shall be inserted—

(2A) The period within which such an appeal as is mentioned in paragraph (2) may be brought shall be—

(a)one month from the date on which notice of the decision L was served on the person desiring to appeal; or

(b)in the case of an appeal under paragraph (1)(a), that period or the period specified in the improvement notice, whichever ends the earlier..

(5) Articles 13 to 15 of the [1996 NI 11.] Deregulation and Contracting Out (Northern Ireland) Order 1996 shall apply for the purposes of paragraphs (1) and (2)(a) as they apply for the purposes of Part III of that Order.

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