Regulation 22 Compliance notices

England and Wales

(1)

If an authorised officer (“O”) has reasonable grounds for believing that any person (“P”) is failing to comply with these Regulations, O may, by notice (a “regulation 22(1) compliance notice”), require P to take such steps as O may specify (or steps at least equivalent to them), within such period as O may specify, to secure that the non-compliance does not continue or recur.

(2)

A regulation 22(1) compliance notice must—

(a)

state O's grounds for their belief;

(b)

specify the matters that constitute the failure to comply with these Regulations;

(c)

specify what P must stop doing, or the measures that, in O's opinion, P must take in order to comply with these Regulations;

(d)

require P to stop doing the action specified in the notice, or take the measures specified in the notice, or measures at least equivalent to them, within the period mentioned in the notice;

(e)

inform P of their right of appeal to a magistrates' court conferred by regulation 23; and

(f)

inform P of the period within which such an appeal may be brought.

(3)

A person is guilty of an offence if they fail to comply with a regulation 22(1) compliance notice given to them under paragraph (1).

(4)

If O has reasonable grounds for believing that any item mentioned in paragraph (5) does not comply in any one or more respects with the requirements mentioned in Schedule 1, 2 or 3, O may, by notice (a “regulation 22(4) compliance notice”), instruct the person (“P”) who appears to O to be in charge of the premises on which the relevant item is found that, unless otherwise directed in writing by O, the relevant item must not be removed from those premises until it complies with those requirements.

(5)

The items are—

(a)

eggs;

(b)

eggs for hatching;

(c)

packs or other containers for eggs, eggs for hatching or chicks; and

(d)

labels relating to eggs, eggs for hatching or chicks.

(6)

A regulation 22(4) compliance notice must—

(a)

state O's grounds for their belief;

(b)

specify the matters that constitute the failure to comply;

(c)

specify the measures that, in O's opinion, must be taken in order to secure compliance;

(d)

inform P of the right of appeal to a magistrates' court; and

(e)

inform P of the period within which such an appeal may be brought.

(7)

P is guilty of an offence if they remove an item to which a regulation 22(4) compliance notice given to them by O relates from the premises on which it was found by O in contravention of the terms of that notice unless directed in writing by O to do so.

(8)

A person, other than O and P, who knows about a regulation 22(4) compliance notice, is guilty of an offence if they remove an item to which the notice relates (although the notice was not given to them) from the premises on which it was found by O in contravention of the terms of that notice unless directed in writing by O to do so.