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The Food Information Regulations (Northern Ireland) 2014
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- Northern Ireland Statutory Rules
- 2014 No. 223
- Regulation 12
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Application of provisions of the OrderN.I.
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12.—(1) Article 9(1) and (2) of the Order (improvement notices) apply, with the modification (in the case of Article 9(1)) specified in Schedule 4, Part 1 for the purposes of—
(a)enabling an improvement notice to be served on a person requiring the person to comply with any of the following provisions—
[F1(i)a provision of FIC or Regulation 828/2014 specified in Schedule 5, to the extent provided for in Article 9 of the Order as applied by paragraph (1) and modified by Schedule 4 Part 1;]
(ii)regulation 5(3), (4) or (5);
[F2(iia)regulation 5A(1);]
(iii)regulation 6(1) or (4);
[F3(iiia)regulation 6A(1) or (3);]
(iv)regulation 7(1), (4) or (5); or
(v)regulation 8(1) or (3); and
(b)making the failure to comply with a notice referred to in subparagraph (a) an offence.
(2) Article 33 of the Order (powers of entry) applies, with the modifications (in the case of Article 33(1)) specified in Schedule 4, Part 2 for the purpose of enabling an authorised officer—
(a)to exercise a power of entry to ascertain whether there is, or has been, any contravention of a provision of FIC [F4or Regulation 828/2014.] specified in Schedule 5, to the extent provided for in Article 33(1)(a) as applied by this paragraph and modified by Schedule 4, Part 2;
(b)to exercise a power of entry to ascertain whether there is any evidence of any contravention of such a provision; and
(c)when exercising a power of entry under Article 33, as applied by this paragraph, to exercise the powers in paragraphs (6) and (7) relating to records.
(3) Article 37 (appeals) and Article 38 (appeals against improvement notices) of the Order apply, with the modifications specified in Schedule 4, Part 3 for the purpose of enabling a decision to serve a notice referred to in paragraph (1)(a) to be appealed.
(4) The provisions of the Order specified in column 1 of the table in Schedule 4, Part 4 apply, with the modifications specified in column 2 of that Part, for the purposes of these Regulations.
(5) Paragraphs (1) to (3) are without prejudice to the application of Articles 9, 33, 37 and 38 of the Order to these Regulations for purposes other than those specified in those paragraphs.
(6) In this regulation “authorised officer” has the same meaning as in Article 2(2)(a) of the Order.
Textual Amendments
F1Reg. 12(1)(a)(i) substituted (20.7.2016) by The Food Information (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/249), regs. 1, 2(4)(a)
F2Reg. 12(1)(a)(iia) inserted (1.10.2021) by The Food Information (Amendment No. 2) Regulations (Northern Ireland) 2020 (S.R. 2020/80), regs. 1, 2(7)(a)
F3Reg. 12(1)(a)(iiia) inserted (1.10.2021) by The Food Information (Amendment No. 2) Regulations (Northern Ireland) 2020 (S.R. 2020/80), regs. 1, 2(7)(b)
F4Words in reg. 12(2)(a) inserted (20.7.2016) by The Food Information (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/249), regs. 1, 2(4)(b)
Commencement Information
I1Reg. 12 in operation at 19.9.2014 for specified purposes, see reg. 1(3)(b)
I2Reg. 12 in operation at 13.12.2016 for specified purposes, see reg. 1(4)(a)
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