The Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998

Variation of approvals for dispatch or purification centres

14.—(1) A person may at any time apply to a food authority for the authority to vary or revoke any term or limitation in any approval for a dispatch or purification centre granted to him, and subject to paragraph (2), the food authority may, in appropriate circumstances, vary any such term or limitation.

(2) A food authority may only vary or revoke any additional condition of which the food authority has been notified by the Ministers pursuant to regulation 11(5) with the consent of the Ministers.

(3) Any person who is aggrieved by a decision of a food authority to refuse to vary any term or limitation of any approval for a dispatch or purification centre may appeal to a magistrates' court or, in Scotland, to the sheriff, and section 37(3) to (6) of the Act shall apply in relation to such an appeal as it applies in relation to an appeal under section 37(1)(c) of the Act.

(4) Where an appeal is brought in accordance with paragraph (3) against a refusal to vary a condition notified to the food authority by the Ministers in accordance with regulation 11(5), the food authority shall inform the Ministers that such an appeal has been brought.

(5) Where an appeal is brought in accordance with paragraph (3), the court may—

(a) affirm any decision to refuse to vary the term or limitation in the approval;

(b) vary the term or limitation in the approval;

(c) remit the matter to the food authority with the court’s opinion on it; or

(d) make such other order in relation to the matter as the court thinks fit.