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PART 2General Provisions

Review of prohibitions etc on movement of wine-sector products

10.—(1) This regulation applies where an authorised officer of the Agency—

(a)has given a notice under regulation 8(2) (“a regulation 8 notice”); or

(b)has refused to give consent to the movement of a controlled wine-sector product under regulation 9(4) (“a regulation 9 refusal”).

(2) A person to whom a regulation 8 notice has been given, or who has been refused consent under regulation 9, may request a review of the notice or the refusal.

(3) A request made by a person under paragraph (2) must be made to the Agency within 6 months of the receipt of the regulation 8 notice or regulation 9 refusal.

(4) Where a request is made under paragraph (2) within the period specified in paragraph (3)—

(a)the Agency must nominate a person from the list established under paragraph (5) to determine whether the regulation 8 notice or regulation 9 refusal should stand;

(b)the person nominated must give the person and the Agency an opportunity to make representations on the matter; and

(c)the person nominated must, within 1 month of being nominated, decide whether the regulation 8 notice or regulation 9 refusal should stand and must notify the applicant and the Agency of the decision.

(5) The Agency must establish and maintain a list of people who may be nominated for the purposes of conducting a review under this regulation and must consult those organisations appearing to it to represent the wine industry before including any person on the list.