{
  "url": "https://openlegislation.uk/bread-and-flour-amendment-regulations-northern-ireland-2024/schedule-2",
  "json_url": "https://openlegislation.uk/bread-and-flour-amendment-regulations-northern-ireland-2024/schedule-2.json",
  "legislation": "nisr/2024/196",
  "legislation_title": "The Bread and Flour (Amendment) Regulations (Northern Ireland) 2024",
  "legislation_url": "https://openlegislation.uk/bread-and-flour-amendment-regulations-northern-ireland-2024",
  "path": "schedule/2",
  "kind": "schedule",
  "number": "2",
  "heading": null,
  "text": "“SCHEDULE 5\nApplication and modification of provisions of the Order\nRegulation 10\nColumn 1\nProvision of the Order\nColumn 2\nModifications\nArticle 4 (Presumptions that food intended for human consumption)\nFor “this Order” substitute “the Bread and Flour Regulations (Northern Ireland) 1998”.\nArticle 9(1) and (2) (Improvement notices)\nFor paragraph (1) (Improvement notices) substitute—\n“(1) If an authorised officer has reasonable grounds for believing that a person is failing to comply with any of regulations 4 to 6 of the Bread and Flour Regulations (Northern Ireland) 1998, the authorised officer may, by a notice served on that person (in this Order referred to as an “improvement notice”)—\n(a) state the officer’s grounds for believing that the person is failing to comply with the relevant provision;\n(b) specify the matters which constitute the person’s failure so to comply;\n(c) specify the measures which, in the officer’s opinion, the person must take in order to secure compliance; and\n(d) require the person to take those measures, or measures that are at least equivalent to them, within such period (not being less than 14 days) as may be specified in the notice.\n(1A) If an authorised officer has reasonable grounds for believing that a person is failing to comply with regulation 4(4) of the Bread and Flour Regulations (Northern Ireland) 1998 due to an act or default of some other person, the authorised officer may, by a notice served on that other person (in this Order referred to as an “improvement notice”)—\n(a) state the officer’s grounds for believing there has been a failure to comply with regulation 4(4);\n(b) specify the matters which constitute the act or default which have caused the failure so to comply;\n(c) specify the measures which, in the officer’s opinion, the person served must take in order to secure compliance; and\n(d) require that person to take those measures, or measures that are at least equivalent to them, within such period (not being less than 14 days) as may be specified in the notice.”.\nArticle 19 (Offences due to fault of another person)\nFor “any of the preceding provisions of this Part” substitute “Article 9(2), as applied by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations (Northern Ireland) 1998,”.\nArticle 20(1) and (5) (Defence of due diligence)\nIn paragraph (1), for “any of the preceding provisions of this Part” substitute “Article 9(2), as applied by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations (Northern Ireland) 1998”.\nArticle 30(8) (Evidence of certificates given by a food analyst or examiner)\nFor “this Order” substitute “the Bread and Flour Regulations (Northern Ireland) 1998”.\nArticle 34 (Obstruction etc. of officers)\nIn paragraph (1), for “this Order” (in each place occurring) substitute “the Bread and Flour Regulations (Northern Ireland) 1998”.\nArticle 36(1) and (2) (Punishment of offences)\nIn paragraph (1), after “Article 34(1)”, insert “, as applied and modified by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations (Northern Ireland) 1998”.\nAfter paragraph (1), insert—\n“(1A) A person guilty of an offence under Article 9(2), as applied by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations (Northern Ireland) 1998 shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.”\nIn paragraph (2) for “any other offence under this Order” substitute “an offence under Article 34(2), as applied by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations (Northern Ireland)1998,”.\nArticle 37(1) and (3) (Appeals)\nFor paragraph (1) substitute—\n“(1) Any person who is aggrieved by a decision of an authorised officer to serve an improvement notice under Article 9(1), as applied and modified by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations (Northern Ireland) 1998, may appeal to the court of summary jurisdiction.”.\nIn paragraph (3) for “(2)” substitute “(1)”.\nArticle 38 (Appeals against improvement notices)\nFor paragraph (1) substitute—\n“(1) On an appeal against an improvement notice served under Article 9(1), as applied and modified by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations (Northern Ireland) 1998, the court may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the court may in the circumstances think fit.”.\n”",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 in operation at 13.12.2024, see reg. 2(1)(b)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2024/196/schedule/2",
    "retrieved_at": "2026-10-29T00:27:29.792439+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}