Part 2 Application and modification of other provisions of the ActI1

In subsection (1), after “section 33(1) above”, insert “, as applied and modified by regulation 8 of, and Schedule 5 to, the Caseins and Caseinates (Wales) Regulations 2016”

After subsection (1), insert—

“(1A)

 A person guilty of an offence under section 10(2), as applied by regulation 8 of the Caseins and Caseinates (Wales) Regulations 2016, is liable, on summary conviction, to a fine.”

In subsection (2) for “any other offence under this Act” substitute “an offence under section 33(2), as applied by regulation 8 of, and Schedule 5 to, the Caseins and Caseinates (Wales) Regulations 2016”

For subsection (1) substitute—

“(1)

Any person who is aggrieved by a decision of an authorised officer of a food authority to serve an improvement notice under section 10(1), as applied and modified by regulation 8 of the Caseins and Caseinates (Wales) Regulations 2016, may appeal to a magistrates’ court.”

For subsection (5) substitute—

“(5)

The period within which such an appeal as is mentioned in subsection (1) above may be brought shall be—

• one month from the date on which notice of the decision was served on the person

• desiring to appeal; or

• the period specified in the improvement notice,

• whichever ends the earlier; and in the case of such an appeal, the making of the complaint shall be deemed for the purposes of this subsection to be the bringing of the appeal.”

In subsection (6)—

for “(3) or (4)” substitute “(1)”, and

in paragraph (a), omit “or to the sheriff”.

For subsection (1) substitute—

“(1)

On an appeal against an improvement notice served under section 10(1), as applied and modified by regulation 8 of the Caseins and Caseinates (Wales) Regulations 2016, the magistrates’ 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.”

In subsection (3), omit “for want of prosecution”.