Amendment of regulation 10 (review of prohibitions etc. on movement of wine-sector products by Wine Standards Board)S
8. For regulation 10 (review of prohibitions etc. on movement of wine-sector products by Wine Standards Board) substitute–
“Review of prohibitions etc. on movement of wine-sector products
10.—(1) This regulation applies where an authorised officer of the Agency–
(a)has given a notice under regulation 8(2) (“regulation 8 notice”); or
(b)has refused to give consent to the movement of a controlled wine-sector product under regulation 9 (“regulation 9 refusal”).
(2) A person to whom a regulation 8 notice has been given, or who has been refused consent under regulation 9, may request either in writing or in electronic form that the giving of the notice or the refusal be reviewed.
(3) A request made by a person under paragraph (2) must be made to the Agency within 6 months of that person receiving the regulation 8 notice or regulation 9 refusal.
(4) Where a regulation 8 notice or regulation 9 refusal is sent by post, service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.
(5) Where a request is made under paragraph (2) within the period specified in paragraph (3)–
(a)the Agency must nominate a person from the list established under paragraph (6) to determine whether the regulation 8 notice or regulation 9 refusal, as the case may be, should stand;
(b)the person nominated must give the person who made the request and the Agency an opportunity to make representations on the matter;
(c)the person nominated must, within 1 month of being nominated, consider such representations and review the regulation 8 notice or regulation 9 refusal and must communicate the decision on the review giving reasons for the decision to the person who made the request; and
(d)the person nominated shall, if satisfied that the decision of the authorised officer to give the regulation 8 notice or the regulation 9 refusal was not justified, refer the matter to the Agency which shall cause the regulation 8 notice to be withdrawn or, as the case may be, give consent to the movement of the controlled wine-sector product concerned.
(6) The Agency must establish and maintain a list of people who may be nominated for the purposes of conducting a review under this regulation and must consult those organisations a ppearing to it to represent the wine industry before including any person on the list.”.