The Food (Northern Ireland) Order 1989

Orders and regulations (general)

72.—(1) The Department may make regulations prescribing anything which is to be prescribed under this Order.

(2) Before making any regulations under this Order, and before making an order under Article 7 or Article 19, the Department shall, subject to paragraph (3), consult with such organisations as appear to the Department to be representative of interests substantially affected by the regulations or by the order.

(3) Paragraph (2) shall not apply in relation to the making of regulations which reproduce, without substantive modification, any provisions in force immediately before 10th December 1956.

(4) Regulations made under this Order may, without prejudice to the generality of the provisions under which they are made,—

(a) modify for the purposes of the regulations any provisions of this Order relating to the procuring, analysis and examination of samples;

(b) apply, as respects matters to be dealt with by the regulations, any provision in any Act or Measure (including this Order) dealing with the like matters, with the necessary modifications and adaptations;

(c) provide for an appeal to a court of summary jurisdiction against any refusal or other decision of an authority by whom the regulations are to be enforced and executed, and for a further appeal to the county court from any decision of a court of summary jurisdiction on any such appeal;

(d) authorise the making of charges for the purposes of the regulations, or for any services performed under them, and provide for the recovery of charges so made;

(e) provide that an offence under the regulations shall be punishable on conviction on indictment or on summary conviction;

(f) include provisions under which a person guilty of an offence under the regulations punishable on conviction on indictment or on summary conviction is liable on summary conviction to a fine not exceeding the statutory maximum or such less amount as may be specified in the regulations and on conviction on indictment to either or both of the following—

(i) a fine not exceeding an amount specified in the regulations, or of an indefinite amount;

(ii) imprisonment for a term not exceeding two years or such shorter term as may be specified in the regulations;

(g) include provisions under which a person guilty of an offence under the regulations which is punishable on summary conviction only is liable to a fine not exceeding level 5 on the standard scale or such other level as may be specified in the regulations;

(h) require persons carrying on any activity to which the regulations apply to keep and produce records and furnish returns;

(i) make such consequential, ancillary and incidental provisions as appear to the Department to be necessary or desirable.

(5) Paragraph (4) other than sub-paragraphs (e) and (f) shall apply to an order made under Article 7 as it applies to regulations made under this Order.

(6) Any regulations made under this Order shall be subject to negative resolution.