Amendment of the 2001 Regulations2
1
The 2001 Regulations are amended as follows.
2
In each of the provisions specified in paragraph (3), for the words “Wine Standards Board”, wherever occurring, substitute the word “Agency”.
3
The provisions referred to in paragraph (2) are—
a
the definition of “enforcement authority” in regulation 2(1); and
b
regulations 3(1), (3), (4) and (5), 8(3), 9(4) and 18.
4
In regulation 2(1)—
a
insert at the appropriate place the following definition —
“the Agency” means the Food Standards Agency;
b
omit the definition of “the Wine Standards Board”.
5
In regulation 3(6), omit the words “the Wine Standards Board or”.
6
Substitute regulation 10 with the following regulation—
Review of prohibitions etc. on movement of wine-sector products10
1
This regulation applies where an authorised officer of the Agency—
a
has given a notice under regulation 8(2) (“a regulation 8 notice”); or
b
has refused to give consent to the movement of a controlled wine-sector product under regulation 9 (“a regulation 9 refusal”).
2
A person to whom a regulation 8 notice has been given, or who has been refused consent under regulation 9, may request a review of the notice or the refusal.
3
A request made by a person under paragraph (2) shall be made to the Agency within 6 months of the receipt of the regulation 8 notice or regulation 9 refusal.
4
Where a regulation 8 notice or regulation 9 refusal is sent by post in a properly addressed, pre-paid envelope then, unless the contrary is proved, the notice or refusal, as the case may be, is deemed to have been received on the next working day where it is sent by first class post and on the next but one working day where it is sent by second class post.
5
Where a request is made under paragraph (2) within the period specified in paragraph (3) —
a
the Agency shall nominate a person from the list established under paragraph (6) to determine whether the regulation 8 notice or regulation 9 refusal, as the case may be, should stand;
b
the person nominated shall give the person and the Agency an opportunity to make representations on the matter; and
c
the person nominated shall, within 1 month of being nominated, decide whether the regulation 8 notice or regulation 9 refusal should stand and shall notify the applicant and the Agency of his decision.
6
The Agency shall establish and maintain a list of people who may be nominated for the purposes of conducting a review under this regulation and shall consult those organisations appearing to it to represent the wine industry before including any person on the list.