{
  "url": "https://openlegislation.uk/food-safety-live-bivalve-molluscs-derogations-regulations-1992/regulation-5",
  "json_url": "https://openlegislation.uk/food-safety-live-bivalve-molluscs-derogations-regulations-1992/regulation-5.json",
  "legislation": "uksi/1992/1508",
  "legislation_title": "The Food Safety (Live Bivalve Molluscs) (Derogations) Regulations 1992",
  "legislation_url": "https://openlegislation.uk/food-safety-live-bivalve-molluscs-derogations-regulations-1992",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Method of determining an application for a derogation",
  "text": "(1) After receiving an application for a derogation in respect of a centre which complies with the requirements of regulation 4 the Secretary of State shall send a copy of it to the food authority in whose area the centre is situated.\n(2) A food authority which receives a copy of an application sent pursuant to paragraph (1) shall invite the representations of the applicant and, after having regard to any such representations, shall send to the Secretary of State, within 12 weeks of receipt of the copy, a written assessment of the need for the derogation and of the suitability of the plan of the work and the timetable.\n(3) A food authority shall, at the same time as providing the written assessment to the Secretary of State, send a copy of it to the applicant, inviting him to send to the Secretary of State, within 4 weeks of the date on which the assessment was sent to the Secretary of State, his written observations on it.\n(4) After considering the assessment of the food authority and any observations made pursuant to the invitation mentioned in paragraph (3), the Secretary of State shall either grant or refuse the application for a derogation in respect of all or any of the requirements in respect of which a derogation was sought.\n(5) If an application for a derogation is granted the Secretary of State shall—\n(a) designate the premises and the relevant requirements in respect of which the derogation is granted;\n(b) specify the period of the derogation, which shall not in any case expire after 31st December 1995;\n(c) specify in the case of a derogation from the requirement in point 6 of Section II in the Schedule that the derogation shall apply only if and so long as any products intended for human consumption are not contaminated by waste or leakage from waste products; and\n(d) specify in the case of a derogation from the requirement in point 7 of Section II in the Schedule that the derogation shall apply only if and so long as the products referred to in that point are sheltered from the sun and the elements and from any source of dirt or contamination.\n(6) If an application is refused or is granted otherwise than in accordance with the application the Secretary of State shall give written notice to the applicant of the reasons for his decision.\n(7) The Secretary of State shall in all cases give written notice of his decision to both the applicant and the food authority which provided the assessment.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1992/1508/regulation/5",
    "retrieved_at": "2026-10-29T14:20:47.049772+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."
}