The Official Feed and Food Controls Regulations (Northern Ireland) 2009

PART 5 ENFORCEMENT AND SUPPLEMENTARY PROVISIONS

Offences due to fault of another person

43.  Where the commission by any person of an offence under these Regulations is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first–mentioned person.

Defence of due diligence

44.—(1) In any proceedings for an offence under these Regulations, it shall, subject to paragraph (2), be a defence to prove that the accused took all reasonable precautions and exercised all due diligence to avoid committing the offence or to avoid the commission by a person under the accused’s control.

(2) If in any case the defence provided by paragraph (1) involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the accused shall not, without leave of the court, be entitled to rely on that defence unless —

(a) at least seven clear days before the hearing; and

(b) where there has been a previous appearance by the accused before a court in connection with the alleged offence, before the expiration of one month from that first such appearance,

the accused has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in the accused’s possession.

Protection of officers acting in good faith

45.—(1) An officer of a relevant body is not personally liable in respect of any act done by that officer —

(a) in the execution or purported execution of the Official Control Regulations; and

(b) within the scope of the employment,

if that act was done in the honest belief that a duty under the Official Control Regulations required or entitled the officer to do it.

(2) Paragraph (1) shall not be construed as relieving any relevant body of any liability in respect of the acts of its officers.

(3) Where an action has been brought against an officer of a relevant body in respect of an act done by that officer —

(a) in the execution or purported execution of the Official Control Regulations; but

(b) outside the scope of the employment,

the body may indemnify the officer against the whole or a part of any damages which the officer has been ordered to pay or any costs which may have been incurred by the officer if it is satisfied that the officer honestly believed that the act complained of was within the scope of the employment.

(4) In so far as a district council is a relevant body for the purposes of this regulation, a public analyst appointed by a district council shall be treated for the purposes of this regulation as being an officer of the district council, whether or not the appointment is a whole-time one.

(5) In this regulation “relevant body” means a body acting as —

(a) a competent authority;

(b) an enforcement authority as defined in regulation 21; or

(c) a relevant enforcement authority.

Amendment to the Feed (Hygiene and Enforcement) Regulations (Northern Ireland) 2005

46.  For Schedule 1 (Specified Feed Law) to the Feed (Hygiene and Enforcement) Regulations (Northern Ireland) 2005(1) there is substituted the Schedule set out in Schedule 7 to these Regulations.

Revocation

47.  The following Regulations are revoked—

(a) the Food (Chilli, Chilli Products, Curcuma and Palm Oil (Emergency Control) Regulations (Northern Ireland) 2005(2);

(b) the Official Feed and Food Controls Regulations (Northern Ireland) 2007(3)

(1)

S.R. 2005 No. 546, amended by S.R. 2006 No. 471

(2)

S.R. 2005 No. 284

(3)

S.R. 2007 No. 482