{
  "url": "https://openlegislation.uk/importation-of-milk-regulations-1988/schedule-2/paragraph-5",
  "json_url": "https://openlegislation.uk/importation-of-milk-regulations-1988/schedule-2/paragraph-5.json",
  "legislation": "uksi/1988/1803",
  "legislation_title": "The Importation of Milk Regulations 1988",
  "legislation_url": "https://openlegislation.uk/importation-of-milk-regulations-1988",
  "path": "schedule/2/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": null,
  "text": "Where, in pursuance of paragraph 4 of this Schedule, an application is made for an order of a magistrates' court—\n(a) if the magistrates' court is satisfied that the importer has failed to prove that the decision of the authorised officer (under paragraph 2(2) or 3(2) of this Schedule) was incorrect, the court shall order the consignment to be disposed of or destroyed under the supervision of an authorised officer by such means and in such manner as to prevent it from being used for human consumption in the United Kingdom;\n(b) if the magistrates' court is satisfied that the importer has proved that that decision was incorrect, the court shall order that the notice under paragraph 2(2) or 3(2) of this Schedule, as the case may be, shall no longer have effect and unconditionally authorise the importer to remove the consignment from the designated place.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "revoked",
      "affecting": "uksi/1992/3143",
      "affecting_title": "The Milk and Dairies (Standardisation and Importation) Regulations 1992"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1988/1803/schedule/2/paragraph/5",
    "retrieved_at": "2026-10-29T15:56:33.954313+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."
}