The Bread and Flour Regulations 1998

Regulation 10

[F1 SCHEDULE 5 E+W Application and modification of provisions of the Act

Textual Amendments

F1 Sch. 5 inserted (E.) (13.12.2024) by The Bread and Flour (Amendment) (England) Regulations 2024 (S.I. 2024/1162), regs. 2(1)(c), 3(8)

Column 1 Provision of the Act	Column 2 Modifications
Section 3 (presumptions that food intended for human consumption)	In subsection (1), for “this Act” substitute “the Bread and Flour Regulations 1998”.
Section 10(1) and (2) (improvement notices)	For subsection (1) (improvement notices) substitute— “(1) If an authorised officer of a food authority has reasonable grounds for believing that a person is failing to comply with any of regulations 4 to 6 of the Bread and Flour Regulations 1998, the authorised officer may, by a notice served on that person (in this Act referred to as an “improvement notice”)— (a) state the officer’s grounds for believing that the person is failing to comply with the relevant provision; (b) specify the matters which constitute the person’s failure so to comply; (c) specify the measures which, in the officer’s opinion, the person must take in order to secure compliance; and (d) require the person to take those measures, or measures that are at least equivalent to them, within such period (not being less than 14 days) as may be specified in the notice. (1A) If an authorised officer of a food authority has reasonable grounds for believing that a person is failing to comply with regulation 4(4) of the Bread and Flour Regulations 1998 due to an act or default of some other person, the authorised officer may, by a notice served on that other person (in this Act referred to as an “improvement notice”)— (a) state the officer’s grounds for believing there has been a failure to comply with regulation 4(4); (b) specify the matters which constitute the act or default which have caused the failure so to comply; (c) specify the measures which, in the officer’s opinion, the person served must take in order to secure compliance; and (d) require that person to take those measures, or measures that are at least equivalent to them, within such period (not being less than 14 days) as may be specified in the notice.”.
Section 20 (offences due to fault of another person)	For “any of the preceding provisions of this Part” substitute “section 10(2), as applied by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations 1998,”.
Section 21(1) and (5) (defence of due diligence)	In subsection (1), for “any of the preceding provisions of this Part” substitute “section 10(2), as applied by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations 1998”.
Section 30(8) (evidence of certificates given by a food analyst or examiner)	For “this Act” substitute “the Bread and Flour Regulations 1998”.
Section 33 (obstruction etc. of officers)	In subsection (1), for “this Act” (in each place occurring) substitute “the Bread and Flour Regulations 1998”.
Section 35(1) and (2) (punishment of offences)	In subsection (1), after “section 33(1) above”, insert “, as applied and modified by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations 1998”. After subsection (1), insert— “(1A) A person guilty of an offence under section 10(2), as applied by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations 1998 shall be liable, on summary conviction, to a fine.”. In subsection (2) for “any other offence under this Act” substitute “an offence under section 33(2), as applied by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations 1998,”.
Section 36 (offences by body corporate)	In subsection (1), for “this Act” substitute “section 10(2), as applied by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations 1998.”.
Section 36A (offences by Scottish partnerships)	For “this Act” substitute “section 10(2), as applied by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations 1998,”.
Section 37(1) and (6) (appeals)	For subsection (1) substitute— “(1) Any person who is aggrieved by a decision of an authorised officer of a food authority to serve an improvement notice under section 10(1), as applied and modified by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations 1998, may appeal to the First-tier Tribunal.”. In subsection (6)— (a) for “(3) or (4)” substitute “(1)”, and (b) in paragraph (a), for “a magistrates’ court or to the sheriff” substitute “the First-tier Tribunal”.
Section 39 (appeals against improvement notices)	For subsection (1) substitute— “(1) On an appeal against an improvement notice served under section 10(1), as applied and modified by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations 1998, the First-tier Tribunal may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the First-tier Tribunal may in the circumstances think fit.”. In subsection (3), omit “for want of prosecution”.
Section 44 (protection of officers acting in good faith)	For “this Act” (in each place occurring) substitute “the Bread and Flour Regulations 1998”.]