International Carriage of Perishable Foodstuffs Act 1976

2 Provisions as to examination and testing. U.K.

(1) The Secretary of State may by regulations make provision for the examination and testing of transport equipment by persons authorised in that behalf by the Secretary of State (in this Act referred to as “qualified persons”) for the purpose of ascertaining whether the prescribed standards are complied with; and—

(a) for the issue by such persons as may be appointed or authorised in that behalf by the Secretary of State (in this Act referred to as “certifying officers”), where it is found that the standards are complied with, of a certificate certifying that the equipment has been approved for use in the international carriage of perishable foodstuffs as equipment of the class specified in the certificate [F1 or of a certification plate];

(b) for the refusal by a certifying officer of a certificate [F2 or plate] where the transport equipment is found not so to comply;

(c) for prescribing marks (in this Act referred to as “designated marks”) to be affixed to transport equipment in respect of which a certificate under this section has been issued.

(2) A person aggrieved by a decision of a certifying officer under this section may appeal to the Secretary of State who may make such determination as he thinks fit.

(3) The Secretary of State may—

(a) provide and maintain stations where examination and testing under this Act may be carried out;

(b) designate premises (in this Act referred to as “designated stations”) where examination and testing under this Act may be carried out;

(c) provide and maintain apparatus for the carrying out of examination and testing.

(4) Testing of transport equipment for the purposes of this section shall be carried out with such apparatus as may be approved for that purpose by the Secretary of State.

(5) Regulations under this section may make provision for the keeping of records by designated stations, qualified persons and certifying officers authorised as such by the Secretary of State and the furnishing by them of examination and test reports and information to the Secretary of State.

Subordinate Legislation Made

P1 S.2 powers previously exercised by S.I. 1985/1071, 1989/1185, 1990/2033.

P2 S. 2(1) and (5) powers exercised by S.I. 1991/425.

S. 2:s. 1 (with ss. 2(1)(5), 3 and 20) power exercisd by S.I. 1991/969

S. 2(1)(5): ss. 1, 2(1) and 3 (with ss. 2(5) and 20) power exercised by S.I.1991/2571

Textual Amendments

F1 Words added by S.I. 1983/1123, art. 3, Sch. para. 1(a)

F2 Words inserted by S.I. 1983/1123, art. 3, Sch. para. 1(b)