Appendix 2
S.I. 2011/2936: memorandum from
the Department for Environment, Food and Rural Affairs
Wine Regulations 2011 (S.I. 2011/2936)
The Committee has asked the Department for Environment,
Food and Rural Affairs for a memorandum on the following point:
Explain which authorised officer
is intended to be covered by the expression "the authorised
officer" in regulation 9(1) and how that intention is achieved.
Regulation 2(2) provides a definition of "authorised
officer" as "a person appointed by an enforcement authority
for the purposes of these Regulations". This definition will
apply whether the Regulations speak of "an authorised officer",
"the authorised officer", "any authorised officer"
or any similar phrase. The use of "authorised officer"
in regulation 9(1) must therefore refer to "authorised officer"
as defined in regulation 2(2). In this context, the Department
submits that it is clear that "the authorised officer"
means the person, falling within the definition of "authorised
officer" in regulation 2(2), who is authorised by the warrant.
In practice the person named in the warrant is likely to be the
same as the one who provided the sworn information, but this is
not required by the wording of regulation 9(1), which only requires
that the justice of the peace be satisfied "on sworn information
in writing [etc]" (without referring to a particular person
of class of persons).
Department for Environment, Food and Rural Affairs
7th February 2012
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