1. These Regulations may be cited as the Eggs and Chicks (Amendment) Regulations (Northern Ireland) 2011 and shall come into operation on 1st August 2011.
2. The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
3. The Eggs and Chicks Regulations (Northern Ireland) 2010(2) shall be amended in accordance with regulations 4 to 7.
4. In regulation 2(1) (Interpretation) after the definition of “eggs for hatching”, there shall be inserted—
““electronic communication” has the same meaning as in section 4(1) of the Electronic Communications Act (Northern Ireland) 2001(3)”.
5. In paragraphs (2)(e) and 6(d) of regulation 21 (Compliance notices) the words “to an appointed person” shall be omitted.
6. For Regulation 22 there shall be substituted—
“22.—(1) A person may, within 21 days of the notification of a decision to which this regulation applies, make written representations to appeal against the decision to a person appointed for this purpose by the Department.
(2) The appointed person shall consider the representations and report in writing to the Department.
(3) The Department shall give the person who made representations written notification of its final determination and the reasons for it.
(4) A person who is aggrieved by the final determination of the Department under paragraph (3) may, within 21 days of the notification of the determination, appeal against that determination to a magistrates’ court.
(5) This regulation applies to—
(a)a decision by the Department to refuse to register an establishment as a pedigree breeding establishment, other breeding establishment or hatchery under Article 2(1) of Commission Regulation (EC) No. 617/2008, or to withdraw such a registration;
(b)a decision by the Department to refuse to authorise an undertaking as a packing centre to grade eggs under the first sub-paragraph of Article 5(2) of Commission Regulation (EC) No. 589/2008, or to withdraw such an authorisation;
(c)a decision by an authorised officer to impose a regulation 21(1) compliance notice; and
(d)a decision by an authorised officer to impose a regulation 21(4) compliance notice.
(6) The withdrawal of an authorisation or registration referred to in paragraph (5) does not take effect until the time for appealing against it has expired, and, if an appeal is lodged, until the appeal is finally disposed of or withdrawn.”
7. Paragraph (6) of regulation 28 shall be omitted.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 30th June 2011.
(L.S.)
Keith Morrison
A senior officer of the Department of Agriculture and Rural Development