4.—(1) The Meat Products (Hygiene) Regulations (Northern Ireland) 1997(1) shall be amended in accordance with the following paragraphs.
(2) In paragraph (1) of regulation 2 (interpretation) the following definitions shall be inserted in the appropriate alphabetical positions—
““associate”, in relation to a person entitled to exercise or control the exercise of voting power in relation to a body corporate, means—
if the person so entitled is a natural person—
his husband, wife, son or daughter (including a stepson or step-daughter);
any body corporate of which he is a director; and
any person who is his employee or partner;
if the person so entitled is a body corporate—
any of its directors;
any body corporate which is a subsidiary of it;
any employee or director of any such subsidiary;
(if it is itself a subsidiary) any other subsidiary of the holding company they have in common; and
any employee or director of any such subsidiary; and
(whether the person so entitled is a natural person or a body corporate) if that person has with any other person an agreement or arrangement—
with respect to the acquisition, holding or disposal of shares or other interests in the body corporate first-mentioned in this definition; or
under which both the parties to the agreement or arrangement undertake to act in exercising their voting power in relation to the said body corporate;
that other person;”;
““controller”, in relation to any occupier of any premises which is a body corporate, means a person—
in accordance with whose directions or instructions the directors of that body corporate or of any other body corporate which is its controller are accustomed to act; or
who, either alone or with any associate, is entitled to exercise, or control the exercise of, at least one-third of the voting power at any general meeting of that body corporate or of any other body corporate which is its controller;”;
““director” means—
in relation to a body corporate whose affairs are managed by a board of directors or similar body, a member of that board or body;
in relation to a body corporate whose affairs are managed by a single director or similar person, that director or person;
in relation to a body corporate whose affairs are managed by the members themselves, a member of the body corporate;”;
““manager” means a person who exercises managerial functions in relation to any premises;”;
““premises” means any premises subject to the requirements of regulation 4 or 5;”;
““subsidiary” and “holding company” mean respectively a “subsidiary” and a “holding company” within the meaning of Article 4 of the Companies (Northern Ireland) Order 1986(2);”.
(3) In regulation 3 (exemption) the phrase “Subject to regulation 3A” shall be inserted at the beginning.
(4) The following regulation shall be inserted into Part I immediately after regulation 3—
3A.—(1) A person who (by virtue of regulation 3) is stated to be exempt from these Regulations shall not—
(a)sell, offer for sale or expose for sale; or
(b)possess for the purpose of or preparation for sale,
any meat products or other products of animal origin unless—
(a)each operation in relation to the raw materials for those meat products or other products of animal origin required to have been carried out in compliance with the Hygiene Regulations has been so carried out; and
(b)each operation in relation to those meat products or other products of animal origin required to have been carried out in compliance with these Regulations has been so carried out.
(2) Notwithstanding regulation 3, regulations 2, 19, 20, 21 and 22 shall apply in respect of the prohibitions imposed by paragraph (1).”.
(5) The following paragraph shall be inserted between paragraphs (3) and (4) of regulation 4 (approvals of premises other than ambient stores, rewrapping centres and cold stores)—
“(3A) Each application for an approval under this regulation shall include the name and principal business address of each person who is a manager and (if applicable) director or controller of the applicant.”.
(6) The following paragraph shall be inserted between paragraphs (3) and (4) of regulation 5 (approval of ambient stores, rewrapping centres and cold stores)—
“(3A) Each application for an approval under this regulation shall include the name and principal business address of each person who is a manager and (if applicable) director or controller of the applicant.”.
(7) The following regulation shall be inserted between regulation 5 and regulation 6 (revocation of approvals)—
5A.—(1) The occupier of any premises approved under regulation 4 or 5 shall notify the approval authority of any change in the identity or principal business address of his directors, managers or controller as soon as is reasonably practicable after that change occurs, and in any event within one month of that change.
(2) An occupier of any premises approved under regulation 4 or 5 shall not transfer possession of or allow another person to occupy those premises for the purposes of carrying on any activity permitted there by these Regulations unless he notifies the approval authority of that person’s name and principal business address at least 21 days before the transfer or occupation concerned.
(3) Any person who intends to occupy premises approved under regulation 4 or 5 (whether alone or jointly) for the purposes of carrying on any business for which those premises are approved shall notify the approval authority at least 21 days before he occupies them of his intention to do so, and of his name and principal business address.
(4) Where the occupier (being a natural person) dies, paragraph (3) shall not apply to occupation of those premises by the deceased’s personal representatives or by any member of his family, but the successor shall notify the approval authority of his name and principal business address within one month of the death.
(5) Any notification pursuant to paragraph (2), (3) or (4) shall record the respective identities and principal business addresses of each manager and (if applicable) director and controller of the new occupier.”.
(8) In paragraph (1) of regulation 6, the words “Subject to paragraph (3) and to regulation 7(3),” shall be revoked.
(9) The following sub-paragraph shall be inserted between sub-paragraph (a) and (b) of paragraph (1) of regulation 6—
“(aA)that any condition attached to the approval has not been complied with;”.
(10) Paragraph (3) of regulation 6 shall be revoked.
(11) The following regulation shall be inserted between regulation 6 and regulation 7 (right of appeal)—
6A.—(1) An approval authority may suspend an approval granted under regulation 4 or 5 in respect of any premises where—
(a)it appears to it that—
(i)any requirement of these Regulations in relation to the premises is being breached; or
(ii)adequate health inspection in accordance with these Regulations is being hampered there; or
(b)a notice has been served in relation to those premises pursuant to regulation 19A(1), and—
(i)the approval authority is not satisfied that the action specified in the notice has been taken within the time specified in it; and
(ii)as a result of the failure to take the action specified in the notice, any requirement of these Regulations is still being breached, or adequate health inspection is still being hampered, there.
(2) Where an approval authority intends to suspend an approval pursuant to paragraph (1), it shall give notice in writing to the occupier of the premises, informing him of—
(a)its decision to suspend the approval;
(b)the date on which it intends the suspension to take effect (which may be the date on which the notice is issued);
(c)the matters which must be remedied in order for the suspension to be lifted; and
(d)his right to appeal to a magistrates' court, and of the period within which such an appeal may be brought.
(3) Where an approval is suspended pursuant to paragraph (1), the premises in respect of which that approval was granted shall be treated for the purposes of these Regulations as if they were not approved premises.
(4) The approval authority shall lift the suspension of any approval where—
(a)it is satisfied that the matters specified in the notice referred to in paragraph (2) have been remedied; or
(b)where a magistrates' court has determined under regulation 7(3) that the approval should not have been suspended,
and may lift the suspension of any approval in any other case.
(5) Where the approval authority lifts a suspension pursuant to paragraph (4), it shall do so by notice specifying the date on which it is lifted.”.
(12) The following paragraph shall be substituted for paragraph (1) of regulation 7—
“(1) Any person who is aggrieved by—
(a)the refusal of an approval authority to approve any premises;
(b)the decision by an approval authority to grant an approval subject to conditions or to attach conditions to an existing approval;
(c)the decision by an approval authority to suspend an approval; or
(d)the decision by an approval authority to revoke an approval,
may appeal to a magistrates' court.”.
(13) The following paragraphs shall be substituted for paragraph (3) of regulation 7—
“(3) Where on an appeal under paragraph (1) a magistrates' court determines that—
(a)the grant of an approval should not have been refused;
(b)conditions have unreasonably been attached to an approval;
(c)an approval should not have been suspended; or
(d)an approval should not have been revoked,
the approval authority shall give effect to the determination of the court concerned.
(4) Where an approval authority has revoked the approval of any premises under regulation 6, a person who, immediately before such revocation, had been using those premises may continue to use them, subject to any reasonable conditions imposed by the approval authority for the protection of public health, unless—
(a)the time for appealing against the approval authority’s decision has expired without an appeal having been lodged; and
(b)(where an appeal has been lodged) the appeal has been finally disposed of or abandoned.
(5) Nothing in paragraph (4) shall permit premises to be used if—
(a)a prohibition order, emergency prohibition notice, emergency prohibition order or emergency control order has been imposed on the premises pursuant to Article 10, 11 or 12 of the Order; or
(b)the approval authority has suspended the approval of the premises pursuant to regulation 6A.”.
(14) The following regulation shall be inserted into Part II, after regulation 7—
7A. Every person who is the occupier of premises approved under regulation 4 or 5 at the date of coming into operation of the Meat (Enhanced Enforcement Powers) Regulations (Northern Ireland) 2000 shall notify the approval authority of—
(a)his identity and principal business address;
(b)the identity and principal business address of each of his managers and (if applicable) directors and controllers; and
(c)the address of those approved premises (where different from the address required to be notified under sub-paragraph (a)),
within 3 months of the date of coming into operation of the Meat (Enhanced Enforcement Powers) Regulations (Northern Ireland) 2000.”.
(15) The following paragraphs shall be inserted at the end of regulation 19 (supervision and enforcement)—
“(3) On an inspection of any meat product an authorised officer of an enforcement authority may certify that the meat product concerned has not been handled, stored or transported in accordance with these Regulations.
(4) Where any meat product is certified as mentioned in paragraph (3) it shall be treated for the purposes of Article 8 of the Order as failing to comply with food safety requirements.”.
(16) The following regulation shall be inserted between regulation 19 and regulation 20 (offences and penalties)—
19A.—(1) Where it appears to an authorised officer of an enforcement authority that in respect of any premises approved under regulation 4 or 5—
(a)any of the requirements of these Regulations is being breached; or
(b)adequate health inspection in accordance with these Regulations is being hampered,
he may, by notice in writing given to the occupier of the premises concerned—
(c)prohibit the use of any equipment or any part of the premises specified in the notice,
(d)impose conditions upon or prohibit the carrying out of any process, or
(e)require the rate of operation to be reduced to such extent as is specified in the notice, or to be stopped completely.
(2) A notice given under paragraph (1) shall be given as soon as practicable and shall state why it is given.
(3) If it is given under paragraph (1)(a), it shall specify the breach and the action needed to remedy it.
(4) Such a notice shall be withdrawn by a further notice in writing given to the occupier of the premises as soon as an authorised officer of an enforcement authority is satisfied that such action has been taken.
(5) The issue of a notice pursuant to paragraph (1) in respect of premises approved under regulation 4 or 5 shall be treated for the purposes of these Regulations as the attachment of conditions to the approval for those premises.”.
(17) In subdivision (i) of regulation 20(1), for the words “level 5 on the standard scale” there shall be substituted the words “statutory maximum”.
(18) The following entry shall be inserted in the appropriate numerical position in the list of provisions of the Food Safety (Northern Ireland) Order 1991 contained in regulation 21 (application of various Articles of the Food Safety (Northern Ireland) Order 1991)—
“Article 8 (inspection and seizure of suspected food);”.
S.R. 1997 No. 494 as amended by S.R. 1999 No. 193 and S.R. 2000 No. 78
S.I. 1986/1032 (N.I. 6); Article 4 was substituted by Article 62(1) of the Companies (No. 2) (Northern Ireland) Order 1990 (S.I. 1990/1504 (N.I. 10))