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Food Act 1984, Section 23 is up to date with all changes known to be in force on or before 22 September 2024. 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.
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(1)If on the trial of an information relating to an offence described in section 21(1) the court, on the application of an interested person—
(a)determines that at the date of any emergency order the use of the premises or stall did not involve imminent risk of danger to health, and
(b)is satisfied that loss has been occasioned by the emergency order,
the court may order the local authority to pay to that person compensation of such amount as the court thinks proper.
(2)The following are interested persons for the purposes of subsection (1) and section 24(2)—
(a)the person against whom the information was laid;
(b)the owner of the premises or stall;
(c)any person not within paragraph (a) or (b) who at the time when the emergency order was made was carrying on a food business at those premises or on, at or from that stall.]
Textual Amendments
F1Pts. I, II (ss. 1–49) repealed (E.W.) (with savings for ss. 15 and 21) by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 54, 59, Sch. 4 paras. 7, 8, Sch. 5 (but (3.4.1992) as regards ss. 16–20; S.I. 1992/57, art. 2 and not coming into force as regards s.13 so far as it relates to the Food Hygiene (Amendment) Regulations 1990 until either 1.4.1991 or 1.4.1992 as mentioned in S.I. 1990/2372)
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