Food Act 1984

[F1 22 Emergency order. E+W

(1) Where an information is, or has been, laid by a local authority in relation to an offence described in section 21(1) and application is made by the local authority for an order under this section, the court may, subject to subsection (2), if satisfied—

(a) by evidence tendered by the local authority, and

(b) after affording, if he appears, the person against whom the information is or was laid and, if he is not that person, the owner of the premises or stall, an opportunity to be heard and tender evidence,

that the use of the premises or stall for the preparation, storage, sale or offer or exposure for sale of food involves imminent risk of danger to health, make an order (called “an emergency order”) prohibiting, either absolutely or subject to conditions, the use of those premises or that stall for those purposes until—

(i) the determination of the proceedings to which the information gave rise, or

(ii) the issue of a certificate by the local authority under subsection (6),

whichever is the earlier.

(2) The court shall not consider an application under this section unless it is satisfied that at least three clear days’ notice in writing of intention to make that application and of the time at which it would be made has been given to the person against whom the information is or was laid and, if he is not that person, to the owner of the premises or stall.

(3) The local authority shall in any notice under subsection (2) specify the measures which, in their opinion, should be taken to remove any danger to health.

(4) Notice for the purpose of subsection (2) may be served in any way, except by post, authorised by rules made under section 144 of the M1 Magistrate’s Courts Act 1980 for the service of a summons issued by a justice of the peace or by leaving it for him with some person who appears to be employed at the premises or stall to which the information relates.

(5) The local authority shall serve a copy of an emergency order made under this section as soon as may be after the order has been made on the person against whom the information was laid and, if he is not that person, on the owner of the premises or stall, and shall affix a copy of it in a conspicuous position on the premises or, if practicable, on the stall.

(6) Any person who wishes to carry on a food business at any premises or on, at or from any stall, with respect to which an emergency order is in force, may apply to the local authority who, if satisfied there is no longer any risk of danger to health, shall as soon as practicable and in not more than 14 days issue a certificate to that effect.]

Textual Amendments

F1 Pts. I, II (ss. 1–49) repealed (E.W.) (with savings for ss. 15 and 21) by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 54, 59, Sch. 4 paras. 7, 8, Sch. 5 (but (3.4.1992) as regards ss. 16–20; S.I. 1992/57, art. 2 and not coming into force as regards s.13 so far as it relates to the Food Hygiene (Amendment) Regulations 1990 until either 1.4.1991 or 1.4.1992 as mentioned in S.I. 1990/2372)

Marginal Citations

M1 1980 c. 43.