The Food Premises (Registration) Regulations 1991

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Food Premises (Registration) Regulations 1991.

(2) These Regulations shall come into force as follows:—

(a) in relation to premises other than Crown premises—

(i) all provisions other than regulations 2, 3, 5(4) and (5), 7 and 8(1), (2), (3), (4) and (8) on 1st February 1992, and

(ii) regulations 2, 3, 5(4) and (5), 7 and 8(1), (2), (3), (4) and (8) on 1st May 1992;

(b) in relation to Crown premises—

(i) all provisions other than regulations 2, 3, 5(4) and (5), 7 and 8(1), (2), (3), (4) and (8) on 1st April 1992,

(ii) regulation 5(4) and (5) on 1st May 1992, and

(iii) regulations 2, 3, 7 and 8(1), (2), (3), (4) and (8) on 1st July 1992.

(3) In these Regulations unless the context otherwise requires—

“the Act” means the Food Safety Act 1990;

“Crown premises” means premises held or used by or on behalf of the Crown;

“domestic premises” means a dwelling house or other building used principally, but not exclusively, as a dwelling, and its curtilage;

“market” shall be construed generally and not as limited to a market held by virtue of a grant from the Crown or of prescription or under statutory authority and “controller of the market” means, in relation to a market provided by a local authority, that authority, and, in any other case, the person by whose authority premises are used within the area of the market;

“moveable premises” means premises other than permanent premises, and “relevant moveable premises” means moveable premises, used for the transport or preparation of food or the retail sale of food on five or more days, whether consecutive or not, in any period of five consecutive weeks, other than—

(a)

motor vehicles which are constructed solely for the purpose of carrying no more than 8 passengers (including the driver) and their personal effects,

(b)

tents, or

(c)

moveable premises which are ordinarily kept outside Great Britain;

“non-retail sale” means sale otherwise than to the ultimate consumer;

“permanent premises” means any land or building;

“the register” means the register kept under regulation 5;

“registered” means registered in the register;

“registration authority” means an authority which is required by regulation 9 to enforce these regulations, and

“relevant registration authority” means, in relation to any premises, the registration authority in whose area the premises are situated;

“retail sale” means sale to the ultimate consumer;

“sale” shall be construed in accordance with section 2 of the Act, and as including possession, offer or exposure for sale, and consigning, delivering and serving by way of sale;

“supplementary record” means the record kept under regulation 6(1);

“supply” means, in relation to any food, to give it away in the course of any trade or business, and the possession, preparation, storage, offer or exposure of food for such supply and serving by way of such supply;

“tents” includes marquees, awnings and similar structures but does not include stalls;

“ultimate consumer” means the same as in regulation 2(1) of the Food Labelling Regulations 1984 (1);

“voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any body exercising the functions of central or local government.

(4) Section 50 (service of documents) of the Act shall apply to the making of applications and the supply of particulars under these Regulations as it applies to the giving or serving of documents.

(5) In these Regulations, unless the context otherwise requires, a reference—

(a) to a numbered regulation or Schedule is a reference to the regulation in or Schedule to these Regulations bearing that number;

(b) in a regulation or a Schedule to a numbered paragraph is a reference to the paragraph in that regulation or Schedule bearing that number.

(1)

S.I. 1984/1035, to which there are amendments not relevant to these Regulations.