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The Eggs and Chicks (Wales) Regulations 2010

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The Eggs and Chicks (Wales) Regulations 2010, Section 24 is up to date with all changes known to be in force on or before 23 October 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Record-keeping requirementsF1F2F3F4F5F6F7F8F9F10F11F12F13F14F15E+W

24.—(1) The Welsh Ministers may by notice direct any person carrying on any activity regulated by a provision mentioned in Schedule 1, 2 or 3 to comply with any of the requirements mentioned in paragraph (2).

(2) The requirements are—

(a)to keep, or cause to be kept, such records as the Welsh Ministers may reasonably require for the purposes of enforcing any such provision;

(b)to provide the Welsh Ministers with such information derived from such records as they may require by the times mentioned in the notice; and

(c)to retain such records for such period as the Welsh Ministers may reasonably require.

(3) But the Welsh Ministers must not give a direction under paragraph (1) unless the records to which the direction relates are of a type that are normally kept in the course of a business by persons carrying on any activity regulated by a provision mentioned in Schedule 1, 2 or 3 and–

(a)the direction will be given on or before 16 January 2010 and the Welsh Ministers reasonably suspect that the person to whom the direction will be given has contravened, or failed to comply with, any provision mentioned in Schedule 1, 2 or 3 since the coming into force of these Regulations;

(b)the direction will be given on or before 16 January 2010, the person to whom the direction will be given has been convicted of an offence under regulation 5, 9 or 16 of these Regulations and the Welsh Ministers reasonably suspects that, since the conviction, that person—

(i)has continued to contravene, or fail to comply with, the provision mentioned in Schedule 1, 2 or 3 to which that person's conviction relates; or

(ii)has contravened, or failed to comply with, some other provision mentioned in Schedule 1, 2 or 3;

(c)the direction will be given on or after 17 January 2010 and the Welsh Ministers reasonably suspect that the person to whom the direction will be given has contravened, or failed to comply with, any provision mentioned in Schedule 1, 2 or 3 within the six month period immediately before the direction is given; or

(d)the direction will be given on or after 17 January 2011, the person to whom the direction will be given has been convicted of an offence under regulation 5, 9 or 16 of these Regulations within the six month period immediately before the giving of the direction, and the Welsh Ministers reasonably suspect that, since the conviction, that person–

(i)has continued to contravene, or fail to comply with, the provision mentioned in Schedule 1, 2 or 3 to which that person's conviction relates; or

(ii)has contravened, or failed to comply with, some other provision mentioned in Schedule 1, 2 or 3.

(4) A person is guilty of an offence if they do not comply with any requirement imposed on them by a direction given by the Welsh Ministers under paragraph (1).

F1S.I. 2005/2766. By virtue of sections 59 and 162 and paragraphs 28 and 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32), functions conferred upon the National Assembly for Wales by this designation are now vested in the Welsh Ministers.

F3OJ No L 299, 16.11.2007, p. 1, last amended by Commission Regulation (EC) No 1140/2009 (OJ No L 312, 27.112009, p. 4).

F4OJ No L 163, 24.6.2008, p. 6, last amended by Commission Regulation (EC) No 598/2008 (OJ No L 164, 25.6.2008, p. 14).

F5OJ No L 168, 28.6.2008, p. 5.

F7Section 48(4A) was inserted by paragraphs 7 and 21 of Schedule 5 to the Food Standards Act 1999 (c. 28).

F8OJ No L 31, 1.2.2002, p. 1, last amended by Commission Regulation (EC) No 202/2008 (OJ No L 60, 5.3.2008, p. 17).

F9Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

F10Section 6(4) was amended by paragraph 6 of Schedule 9 to the Deregulation and Contracting Out Act 1994 (c. 40), paragraphs 7, 10(1) and (3) of Schedule 5, and Schedule 6, to the Food Standards Act 1999, and Schedule 2 to S.I. 2002/794.

F11Section 16(1) was amended by paragraphs 7 and 8 of Schedule 5 to the Food Standards Act 1999.

F12Section 17 was amended by paragraphs 7, 8 and 12 of Schedule 5 to the Food Standards 1999.

F13Section 26(2) was amended by paragraph 13 of Schedule 8, and Part 1 of Schedule 23, to the Tribunals, Courts and Enforcement Act 2007 (c. 15). Section 26(3) was partially repealed by Schedule 6 to the Food Standards Act 1999.

F14Section 48(1) was amended by paragraphs 7 and 8 of Schedule 5 to the Food Standards Act 1999.

F15Functions of “the Ministers”, so far as exercisable in relation to Wales, are now exercisable by the Welsh Ministers, having been transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), as read with section 40(3) of the Food Standards Act 1999, and then transferred to the Welsh Ministers by section 162 of and paragraph 30(2)(a) of Schedule 11 to the Government of Wales Act 2006 (c. 32).

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