S.I. 2003/1722: further memorandum
from the Food Standards Agency
1. The Committee considered the above instrument
at its meeting on 15 September 2003 and requested a memorandum
on the following points:
Explain the purpose of the words "In any
case where such an appeal as is mentioned in paragraph (3) may
be brought" in regulation 6(2). In particular, identify the
circumstances where, at the time the notice is served, the officer
serving it will know that such an appeal cannot be brought.
2. The purpose of the words is to cross-refer to
paragraph (3) which gives any aggrieved person the right
of appeal. The chances of there being no aggrieved person must
be extremely small but the officer will not know, when serving
the notice, who, if anyone, will be able to exercise the right
to appeal as an aggrieved person. In practice, the notice will
therefore need to refer to the right of appeal. The provision
in question does produce this result but the matter could have
been dealt with in a simpler and more straightforward
manner and we would anticipate, in drafting similar
instruments in future, simply to provide that the notice shall
state the right of appeal.
Regulation 6(3) requires the magistrates' court,
on an appeal, to determine whether or not the notice was
lawfully served. Explain the purpose and effect of
the underlined words. Is it intended that the court should be
able only to determine whether the requirements of paragraph (1)
were complied with, or that it should also be able to determine
whether the importation was lawful?
3. It is intended that the court should be able to
determine whether the requirements of paragraph (1) were complied
with and whether the importation was lawful. The underlined words
were used because the control created by the Regulations is upon
illegal imports and the words "lawfully served"
conveniently covered that issue as well as service of the notice.
22nd September 2003