The Food Safety (Live Bivalve Molluscs and Other Shellfish) Regulations 1992

Alterations to designated areas

5.—(1) Subject to paragraph (3) the Ministers may at any time—

(a) vary the boundary of any area designated under regulation 3(1) or 4,

(b) impose limitations, restrictions or conditions on the use of any area designated under regulation 3(1) or 4,

(c) alter the class of any area within a designated bivalve production area,

(d) vary the designation of any area designated under regulation 4,

for such period as he thinks fit, and shall communicate such amendment to the food authority and to persons who appear to be affected.

(2) Subject to paragraph (3) the Ministers may at any time—

(a) if the area is no longer suitable for the gathering of live bivalve molluscs in accordance with the requirements of Schedule 3, revoke the designation of a designated bivalve production area;

(b) if the area is no longer suitable for the relaying of live bivalve molluscs in accordance with the requirements of Schedules 3 and 4, revoke the designation of a relaying area.

(3) The Ministers before exercising the power conferred by paragraph (1) or (2) shall invite representations from any food authority, gatherer or handler of whom they are aware and who appears to them to be likely to be affected by the exercise of that power.

(4) A food authority may, having first invited and had regard to representations from any person likely to be affected, at any time vary the designation of a relaying area made under regulation 3(2), and shall communicate such amendment to the Ministers.