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SCHEDULE 3Application and modification of provisions of the Act

PART 3Modification of section 39(1) and (3)

3.—(1) For section 39(1) of the Act (appeals against improvement notices) substitute—

(1) On an appeal against an improvement notice served under section 10(1), as applied and modified by regulation 6 of, and Part 1 of Schedule 3 to, the Condensed Milk and Dried Milk (England) Regulations 2015, the First-tier Tribunal may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the First-tier Tribunal may in the circumstances think fit..

(2) In section 39(3), omit “for want of prosecution”.