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Schedule 2 Application and modification of provisions of the Order

Column 1 Provision of the OrderColumn 2 Modifications
Article 4 (presumptions that food intended for human consumption)

For “this Order” substitute “ the Honey Regulations (Northern Ireland) 2015 ”

Article 9(1) and (2) (improvement notices)

For paragraph (1) (improvement notices) substitute—

“(1)

If an authorised officer has reasonable grounds for believing that a person is failing to comply with any of regulations 6 to 17 of the Honey Regulations (Northern Ireland) 2015, the authorised officer may, by a notice served on that person (in this Order referred to as an “improvement notice”)—

(a)

state the officer's grounds for believing that the person is failing to comply with the relevant provision;

(b)

specify the matters which constitute the person's failure so to comply;

(c)

specify the measures which, in the officer's opinion, the person must take in order to secure compliance; and

(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.”

Article 19 (offences due to fault of another person)

For “any of the preceding provisions of this Part” substitute “ Article 9(2), as applied by regulation 19 of, and Schedule 2 to, the Honey Regulations (Northern Ireland) 2015, ”

Article 20 (1) and (5) (defence of due diligence)

In paragraph (1), for “any of the preceding provisions of this Part” substitute “ Article 9(2), as applied by regulation 19 of, and Schedule 2 to, the Honey Regulations (Northern Ireland) 2015 ”

Article 30(8) (evidence of certificates given by a food analyst or examiner)

For “this Order” substitute “ the Honey Regulations (Northern Ireland 2015 ”

Article 34 (obstruction etc. of officers)

In paragraph (1), for “this Order” (in each place occurring) substitute “ the Honey Regulations (Northern Ireland) 2015 ”

Article 36(1) and (2) (punishment of offences)

In paragraph (1), after “Article 34(1) insert “ , as applied and modified by regulation 19 of, and Schedule 2 to, the Honey Regulations (Northern Ireland) 2015, ”

After paragraph (1), insert—

“(1A)

A person guilty of an offence under Article 9(2), as applied by regulation 19 of, and Schedule 2 to, the Honey Regulations (Northern Ireland) 2015, shall be liable, to a fine not exceeding level 5 on the standard scale.”

In paragraph (2) for “any other offence under this Order” substitute “ an offence under Article 34(2), as applied by regulation 19 of, and Schedule 2 to, the Honey Regulations (Northern Ireland) 2015, ”

Article 37 (appeals)

For paragraph (1) substitute—

“(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 19 of, and Schedule 2 to, the Honey Regulations (Northern Ireland) 2015, may appeal to a court of summary jurisdiction.”

In paragraph (2A)(b) for “(1)(a)” substitute “(1) as applied by regulation 19 of, and Schedule 2 to, the Honey Regulations (Northern Ireland) 2015.

Article 38 (appeals against improvement notices)

In paragraphs (1) and (2) insert “ as applied by regulation 19 and Schedule 2 to the Honey Regulations (Northern Ireland) 2015 ” after “improvement notice”.