TITLE II

OFFICIAL CONTROLS AND OTHER OFFICIAL ACTIVITIES ...
CHAPTER I

Competent authorities

Designation of competent authorities
Article 4
1
The appropriate authority may—
a)
for each of the areas governed by the rules referred to in Article 1(2), designate any other authority as a competent authority responsible for any of the OCR functions;
b)
modify any designation made under point (a).
1A
A designation for the purposes of paragraph 1 above does not prevent the appropriate authority from exercising the relevant functions itself.
1B
The amendments made to Article 3(3) and this Article by the 2022 Regulations do not affect the continued operation of any existing designation.
1C
But the appropriate authority may—
a)
by regulations, revoke any existing designation contained in subordinate legislation (whether made under section 2(2) of the European Communities Act 1972 or otherwise) conferring responsibility for any of the OCR functions on the appropriate authority which is no longer required in consequence of the amendments made to Article 3(3) and this Article by the 2022 Regulations;
b)
revoke any other existing designation conferring responsibility for any of the OCR functions on the appropriate authority which is no longer required in consequence of the amendments made to those provisions by those Regulations.
1D
In addition, the appropriate authority may—
a)
by regulations, modify any existing designation contained in subordinate legislation (whether made under section 2(2) of the European Communities Act 1972 or otherwise) conferring responsibility on any other authority for any of the OCR functions;
b)
by notice in writing, modify any other existing designation conferring responsibility on any other authority for any of the OCR functions.
1E
Paragraphs 1C and 1D are without prejudice to section 14 of the Interpretation Act 1978.
1F
For the purposes of this Article—
a)
“
the 2022 Regulations
” means the Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022;
b)
“
existing designation
” means a designation conferring responsibility for any of the OCR functions on an authority which—
i)
was made for the purposes of this Article before 13th December 2022, and
ii)
is effective immediately before that date;
c)
“
the OCR functions
” means the organisation or performance of official controls or other official activities in accordance with this Regulation and the rules referred to in Article 1(2).
1G
Paragraph 2 applies where, for the same area—
a)
two or more authorities are each designated as a competent authority (whether under paragraph 1 or an existing designation), or
b)
any such authority is permitted to delegate the exercise of specific responsibilities for official controls or other official activities to another public authority.
2
Where this paragraph applies the appropriate authority shall ensure efficient and effective coordination between all authorities involved, and the consistency and effectiveness of official controls or other official activities across its territory;
a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Competent authorities responsible for the verification of compliance with the rules referred to in point (i) of Article 1(2) may confer certain responsibilities related to official controls or other official activities to one or more organic control authorities. In such cases, they shall attribute a code number to each of them.
4
The appropriate authority must make publicly available, by publishing online, the contact details of—
a
the competent authorities designated in accordance with paragraph 1;
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
the organic control authorities referred to in paragraph 3;
d
the delegated bodies referred to in Article 28(1).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 4(1)-(1G) substituted for Art. 4(1) (13.12.2022) by The Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022 (S.I. 2022/1315), regs. 1(1), 5(2)
Words in Art. 4(4) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 4(2)(c)(i) (with reg. 46)
Art. 4(2)(a) renumbered as words in Art. 4(2) (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 4(2)(b)(ii) (with reg. 46)
Art. 4(2)(b) and word omitted (31.12.2020) by virtue of The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 4(2)(b)(iii) (with reg. 46)
Words in Art. 4(2) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 4(2)(b)(i)(bb) (with reg. 46)
Words in Title 2 heading omitted (31.12.2020) by virtue of The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 4(1) (with reg. 46)
Art. 4(4)(b) omitted (31.12.2020) by virtue of The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 4(2)(c)(ii) (with reg. 46)
Words in Art. 4(4) omitted (31.12.2020) by virtue of The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 4(2)(c)(iii) (with reg. 46)
Words in Art. 4(2) substituted (13.12.2022) by The Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022 (S.I. 2022/1315), regs. 1(1), 5(3)