The Sea Fish (Marketing Standards) (England and Wales and Northern Ireland) Regulations 2018

Compliance notices

This section has no associated Explanatory Memorandum

8.—(1) An authorised officer who has reasonable grounds for believing that a person has contravened, or is likely to contravene, a relevant provision may serve a notice (a “compliance notice”) on that person.

(2) The authorised officer must in the compliance notice—

(a)state the reason for the service of the notice;

(b)state the date of service of the notice;

(c)identify the recipient of the notice;

(d)specify the steps which the recipient of the notice must take, being such steps as the authorised officer believes are necessary to ensure compliance with the relevant provision;

(e)state the reason that those steps must be taken;

(f)specify by when each of the steps must be taken;

(g)state that failure to comply with the notice is an offence; and

(h)give details of the right of appeal against the notice, including an explanation of how such an appeal can be made and the period within which such an appeal may be brought.

(3) An authorised officer may serve a notice on a person withdrawing, varying or suspending a compliance notice served under paragraph (1).

(4) A person on whom a compliance notice is served must comply with it at that person’s own expense.

(5) If a compliance notice is not complied with, an authorised officer may arrange for it to be complied with at the expense of the person on whom it was served.

(6) An authorised officer must serve a completion notice on a person if, after service of a compliance notice on that person, the authorised officer is satisfied that that person has taken the steps specified in the notice to remedy the contravention.

(7) In the event of an authorised officer not being satisfied as mentioned in paragraph (6) by the end of the period specified in paragraph (2)(f), or such other period as may be specified in any variation of the compliance notice under paragraph (3), the authorised officer may not serve a completion notice, and must serve a notice, which must—

(a)give reasons for the decision not to serve a completion notice; and

(b)give details about the right of appeal against the decision.

(8) A compliance notice ceases to have effect when a completion notice is served.