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The Marketing of Fresh Horticulture Produce Regulations (Northern Ireland) 2010
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- Northern Ireland Statutory Rules
- 2010 No. 198
- Regulation 11
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11.—(1) The request for review may be brought by the person on whom the stop notice is served, or the owner of the horticultural produce or an agent or employee acting on behalf of the owner.
(2) The request for review must be made in the manner provided for in paragraph (6) as soon as reasonably practicable, and in any event within the time limit specified in paragraph (3) or (5) as is applicable.
(3) The time limit for a person on whom the stop notice was served is 48 hours from service of the stop notice.
(4) Where the person on whom the notice is served is not the owner, or an agent or employee acting on behalf of the owner, the authorised officer must use best endeavours to identify such a person and bring the contents of the stop notice to that person’s attention within 48 hours from service of the notice.
(5) The time limit for a person referred to in paragraph (4) is within 48 hours of the contents of the stop notice coming to that person’s attention or within 96 hours from the time of service of the notice whichever is the sooner.
(6) A request for a review must be exercised by informing an authorised officer either in person, or by telephone to be confirmed in writing as soon as reasonably practicable, or by email or fax at the contact details indicated in the stop notice.
(7) The Department must maintain arrangements for the conduct of a review by an authorised officer unconnected with the original decision to determine whether there were valid grounds for serving the stop notice.
(8) The authorised officer conducting the review may cancel the notice or confirm it, with or without modification.
(9) The authorised officer must complete the review as soon as reasonably practicable and in any event within 48 hours of the request, and notify the person who requested it, and, if different, the person on whom the notice was served and any other person in possession of the horticultural produce, of the outcome, as soon as reasonably practicable.
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