1. The title of these Regulations is the Food Hygiene (Wales) (Amendment) Regulations 2012 and they come into force on 1 May 2012.
2.—(1) The Food Hygiene (Wales) Regulations 2006(1) are amended in accordance with the following paragraphs.
(2) In paragraph (1) of regulation 9 (remedial action notices and detention notices) omit the words “subject to approval under Article 4(2) of Regulation 853/2004”.
(3) After paragraph (3) of regulation 22 (appeals against hygiene improvement notices and remedial action notices), as new paragraph (4) add the following—
“(4) Where on appeal against a remedial action notice under paragraph (1) a court cancels the notice, the enforcement authority must compensate the food business operator who brought the appeal in respect of any loss suffered by reason of the food business operator’s compliance with the notice, and any disputed question as to the right to or the amount of any compensation payable under this paragraph will be determined by arbitration.”
Lesley Griffiths
Minister for Health and Social Services, one of the Welsh Ministers
28 March 2012