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22.—(1) These Regulations are enforced by—
(a)subject to paragraph (2), a local authority; or
(b)in relation to a food hygiene establishment, the Scottish Ministers.
(2) The Scottish Ministers may direct, in relation to a particular case or cases of a particular description, that the Scottish Ministers will enforce these Regulations in place of the local authority.
(3) In paragraph (1)(a) “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(1).
(4) In paragraph (1)(b), “food hygiene establishment” means an establishment referred to in regulation 5(2)(a) of the Food Hygiene (Scotland) Regulations 2006(2) in respect of which the Food Standards Agency has enforcement functions under those Regulations.
(5) A body exercising functions by virtue of paragraph (1) or (2) is referred to in these Regulations as an enforcement authority.
1994 c.39, amended by the Environment Act 1995 (c.25), section 120(1) and Schedule 22, paragraph 232(1).
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