text:
Title, commencement and application
1
1
These Regulations may be cited as the Scotch Whisky Regulations 2009 and come into force on 23rd November 2009.
2
These Regulations apply to drinks and whisky distillates (whether in the form of a drink or not) manufactured in the United Kingdom.
Repeal and revocation
2
1
The Scotch Whisky Act 1988 is repealed.
2
The Scotch Whisky (Northern Ireland) Order 1988 is revoked.
Definition of “Scotch Whisky” and categories of Scotch Whisky
3
1
In these Regulations “Scotch Whisky” means a whisky produced in Scotland —
a
that has been distilled at a distillery in Scotland from water and malted barley (to which only whole grains of other cereals may be added) all of which have been —
i
processed at that distillery into a mash;
ii
converted at that distillery into a fermentable substrate only by endogenous enzyme systems; and
iii
fermented at that distillery only by the addition of yeast;
b
that has been distilled at an alcoholic strength by volume of less than 94.8 per cent so that the distillate has an aroma and taste derived from the raw materials used in, and the method of, its production;
c
that has been matured only in oak casks of a capacity not exceeding 700 litres;
d
that has been matured only in Scotland;
e
that has been matured for a period of not less than three years;
f
that has been matured only in an excise warehouse or a permitted place;
g
that retains the colour, aroma and taste derived from the raw materials used in, and the method of, its production and maturation;
h
to which no substance has been added, or to which no substance has been added except —
i
water;
ii
plain caramel colouring; or
iii
water and plain caramel colouring; and
i
that has a minimum alcoholic strength by volume of 40%.
2
In these Regulations —
“Single Malt Scotch Whisky” means a Scotch Whisky that has been distilled in one or more batches —
at a single distillery;
from water and malted barley without the addition of any other cereals; and
in pot stills;
“Single Grain Scotch Whisky” means a Scotch Whisky that has been distilled at a single distillery except —
Single Malt Scotch Whisky; or
a Blended Scotch Whisky;
“Blended Malt Scotch Whisky” means a blend of two or more Single Malt Scotch Whiskies that have been distilled at more than one distillery;
“Blended Grain Scotch Whisky” means a blend of two or more Single Grain Scotch Whiskies that have been distilled at more than one distillery; and
“Blended Scotch Whisky” means a blend of one or more Single Malt Scotch Whiskies with one or more Single Grain Scotch Whiskies.
General interpretation
4
1
In these Regulations —
“authorised officer” means any person appointed by an enforcement authority under regulation 17 ;
“blending” has the meaning given in the first sub-paragraph of paragraph (7) of Annex I to Regulation (EC) No 110/2008 as it applies in relation to a combination of whiskies and “blend” and “blended” shall be construed accordingly;
“enforcement authority” means an authority exercising a function conferred on it by regulation 16 ;
“excise warehouse” means a place of security approved under section 92(1) of the Customs and Excise Management Act 1979 or section 15(1) of the Alcoholic Liquor Duties Act 1979 ;
“food authority” —
in relation to England, means —
a county council;
a metropolitan district council;
a non-metropolitan district council for an area for which there is no county council;
a London borough council;
the Common Council of the City of London (in their capacity as a local authority); and
the Council of the Isles of Scilly;
in relation to Northern Ireland, means a district council;
in relation to Scotland, means a council constituted under section 2 or 3 of the Local Government etc. (Scotland) Act 1994 ; and
in relation to Wales, means a county council or a county borough council;
“manufacture” includes —
keeping for the purpose of maturation; and
keeping, or using, for the purpose of blending, except for domestic blending for domestic consumption;
“officer” —
in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body; and
in relation to an unincorporated body, means any member of its governing body or a chief executive, manager or other similar officer of the body;
“packaging” has the meaning given in paragraph (17) of Annex I to Regulation (EC) No 110/2008 ;
“penalty” means the amount specified in a penalty notice;
“penalty notice” means a notice offering the opportunity, by payment, in accordance with these Regulations, of a specified amount, to discharge any liability to be convicted of the penalty offence to which the notice relates;
“penalty offence” means an offence for which a penalty notice may be given under regulation 32 ;
“permitted place”, in relation to a place where a whisky has been matured in Scotland, means any place in Scotland to which a whisky (or whisky distillate) that had previously been matured in an excise warehouse in Scotland is moved for a purpose mentioned in sub-paragraph (a), (b), (c), (d) or (f) of regulation 16(2) of the Excise Warehousing (Etc.) Regulations 1988 ;
“port health authority” means —
in relation to the London port health district (within the meaning given by section 7(1) of the Public Health (Control of Disease) Act 1984 ), the Common Council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of that Act, the port health authority for that district;
“premises” includes any place, vehicle or trailer, shipping container (whether used for transporting cargo or for storage), stall or moveable structure, ship or aircraft;
“presentation” has the meaning given in paragraph (15) of Annex I to Regulation (EC) No 110/2008 ;
“protected locality” means a locality mentioned in regulation 10(5) ;
“protected region” means a region mentioned in regulation 10(6) ;
“Regulation (EC) No 110/2008 ” means Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation ( EEC ) No 1576/89 ;
“relevant court” means —
in relation to England, Northern Ireland and Wales, a magistrates’ court; and
in relation to Scotland, a sheriff court;
“sell” includes offer or expose for sale or have in possession for sale;
“whisky” has the meaning given in point 2 of Annex II to Regulation (EC) No 110/2008 ;
“whisky-based drink” means a drink, other than whisky, that contains whisky; and
“whisky distillate” means a whisky distillate as described in point 2(a)(i) and (ii) of Annex II to Regulation (EC) No 110/2008 .
2
Other expressions used in these Regulations and Regulation (EC) No 110/2008 have their meanings in Regulation (EC) No 110/2008 .
3
In these Regulations “container” (except as used in the expression “shipping container”) has the same meaning as in paragraph (16) of Annex I to Regulation (EC) No 110/2008 , and includes any cap or other device by which the receptacle has been closed, any tag attached to the receptacle, and any sheathing covering its neck, and —
a
any reference to a container of Scotch Whisky must be construed as a reference to a container into which Scotch Whisky has been put for the purpose of subsequent sale; and
b
any reference to the front of a container includes a reference to any label attached to the front of a container.
4
In these Regulations any reference to the labelling of Scotch Whisky must be construed as a reference to the labelling of a container of Scotch Whisky for the purposes of subsequent sale (whether by attaching a label to the container, direct printing onto the container, moulding on the container or any other method by which information is included on a container).
5
In these Regulations any reference to the packaging of Scotch Whisky must be construed as a reference to the packaging of a container of Scotch Whisky for the purposes of subsequent sale.
Manufacture
5
1
A person must not manufacture a whisky distillate in Scotland unless it is manufactured in the manner described in regulation 3(1)(a) and (b).
2
A person must not manufacture any whisky in Scotland except Scotch Whisky.
Marketing
6
1
A person must not label, package, sell, advertise or promote any drink as Scotch Whisky or Scotch if it is not Scotch Whisky.
2
A person must not label, package, sell, advertise or promote any drink in any other way that creates a likelihood of confusion on the part of the public as to whether the drink is Scotch Whisky.
Movement from Scotland to another country
7
1
A person must not move any of the following categories of Scotch Whisky from Scotland to another country in a wooden cask or other wooden holder —
a
Single Grain Scotch Whisky;
b
Blended Malt Scotch Whisky;
c
Blended Grain Scotch Whisky; or
d
Blended Scotch Whisky.
2
During the period until (and including) 22 nd November 2012, a person must not move any Single Malt Scotch Whisky from Scotland to another country in a wooden cask or other wooden holder.
3
On and after 23rd November 2012 a person must not move any Single Malt Scotch Whisky from Scotland to another country except in a bottle (made of any inert material) that is labelled for retail sale.
4
For the purposes of this regulation a person is regarded as having moved Scotch Whisky from Scotland to another country if they —
a
physically move the whisky from Scotland to another country; or
b
arrange (whether directly or through a third party) for another person to physically move the whisky from Scotland to another country.
5
In this regulation “retail sale” means any sale except a sale for use or resale in the course of a trade or business.
Compulsory sales descriptions
8
1
The category into which a Scotch Whisky falls must be stated on —
a
the front of a container of Scotch Whisky; and
b
any individual packaging used for the transportation of the container, or used for display purposes during the marketing of the whisky, unless, in both cases, the front of the container is clearly visible through that packaging.
2
The categories are —
a
Single Malt Scotch Whisky;
b
Single Grain Scotch Whisky;
c
Blended Malt Scotch Whisky;
d
Blended Grain Scotch Whisky; and
e
Blended Scotch Whisky.
3
The name of the category must be —
a
printed in a conspicuous place in such a way as to be easily visible and legible to the naked eye and indelible so that it is clear that it is the sales description of the whisky;
b
printed in a way that gives equal prominence to each word making up the name of the category; and
c
as prominent as any other description of the whisky on the container or packaging, except for —
i
any separate use of the description “Scotch Whisky”;
ii
any statement relating to the year in which the whisky was distilled, the year in which it was bottled, the period for which it was matured or the age of the whisky; and
iii
any descriptive word or words forming part of the brand name.
4
The name of the category must not be —
a
overlaid or interrupted by other written or pictorial matter; or
b
used in conjunction with any other words.
5
But paragraph (4) (b) does not prevent the name of a Scottish locality or region from being appended to the name of the category of the whisky to indicate where the Scotch Whisky was distilled if —
a
it appears immediately before the name of the category;
b
the whisky was distilled in the named locality or region; and
c
the use of that name does not otherwise contravene regulation 10 .
6
A person must not label, package or sell any Scotch Whisky in a way that does not comply with paragraph (1) , (3) or (4) .
7
A person must not label, package, sell, advertise or promote any Scotch Whisky as falling within a category if it does not fall into that category.
Names of distilleries and distillers etc.
9
1
The name of a distillery mentioned in Schedule 1 must not be used as a brand name, or as part of a brand name of a Scotch Whisky, or be used in a similar fashion in terms of its positioning or prominence, unless the whisky has been wholly distilled at that distillery.
2
Any name adopted for a Scotch Whisky distillery after these Regulations come into force, including the name of a new or re-opened Scotch Whisky distillery, must not be used by the proprietor of that distillery as a brand name, or as part of a brand name, for a Scotch Whisky, or be used in a similar fashion in terms of its position or prominence, unless the Scotch Whisky has been wholly distilled at that distillery.
3
But paragraph (2) does not apply in the circumstances specified in Schedule 2.
4
Scotch Whisky must not be labelled, packaged, advertised or promoted in any other way that, having regard to the presentation of the product as a whole, creates a likelihood that the public may think that it has been distilled at any distillery or place other than the distillery or place at which it was actually distilled.
5
Single Malt Scotch Whisky and Single Grain Scotch Whisky must not be labelled, packaged, advertised or promoted in any way that, having regard to the presentation of the product as a whole, creates a likelihood that the public may think that the whisky was distilled by any person other than the person who distilled it, or the owner or operator of the distillery at which it was distilled, whether by an indication that that person is the distiller, the owner or operator of the distillery, or otherwise.
6
A person must not label, package, advertise or promote any Scotch Whisky in a way that contravenes the requirements of paragraph (1) , (2) , (4) or (5) , or sell any Scotch Whisky that has been labelled or packaged in that way.
Locality and region geographical indications
10
1
A whisky or whisky-based drink must not be labelled, packaged, advertised or promoted in a way that includes the name of a protected locality or a protected region unless —
a
in the case of whisky, the whisky is Scotch Whisky that has been distilled in that locality or region; or
b
in the case of a whisky-based drink, the only whisky in the drink is Scotch Whisky that has been distilled in that locality or region.
2
But paragraph (1) does not apply in the circumstances specified in Schedule 3.
3
A whisky or whisky-based drink must not be labelled, packaged, advertised or promoted in a way that includes any reference to a name that is similar to the name of a protected locality or protected region if, having regard to the presentation of the product as a whole, the reference may create a likelihood of confusion on the part of the public as to where the whisky or whisky-based drink was distilled.
4
A person must not label, package, advertise or promote any whisky or whisky-based drink in a way that contravenes paragraph (1) or (3) , or sell any whisky or whisky-based drink that has been labelled or packaged in that way.
5
The protected localities are —
a
“Campbeltown”, comprising the South Kintyre ward of the Argyll and Bute Council as that ward is constituted in the Argyll and Bute (Electoral Arrangements) Order 2006 ; and
b
“Islay”, comprising the Isle of Islay in Argyll.
6
The protected regions are —
a
“Highland”, comprising that part of Scotland that is north of the line dividing the Highland region from the Lowland region;
b
“Lowland”, comprising that part of Scotland that is south of the line dividing the Highland region from the Lowland region; and
c
“Speyside”, comprising —
i
the wards of Buckie, Elgin City North, Elgin City South, Fochabers Lhanbryde, Forres, Heldon and Laich, Keith and Cullen and Speyside Glenlivet of the Moray Council as those wards are constituted in the Moray (Electoral Arrangements) Order 2006 ; and
ii
the Badenoch and Strathspey ward of the Highland Council as that ward is constituted in the Highland (Electoral Arrangements) Order 2006 .
7
In this regulation “the line dividing the Highland region from the Lowland region” means the line beginning at the North Channel and running along the southern foreshore of the Firth of Clyde to Greenock, and from there to Cardross Station, then eastwards in a straight line to the summit of Earl’s Seat in the Campsie Fells, and then eastwards in a straight line to the Wallace Monument, and from there eastwards along the line of the B998 and A91 roads until the A91 meets the M90 road at Milnathort, and then along the M90 northwards until the Bridge of Earn, and then along the River Earn until its confluence with the River Tay, and then along the southern foreshore of that river and the Firth of Tay until it comes to the North Sea.
Use of the words ‘pure’ and ‘malt’ and derivations
11
A person must not label, package, sell, advertise or promote any Scotch Whisky in a way that includes —
a
the phrase ‘pure malt’ or any derivation of that phrase; or
b
the words ‘pure’ and ‘malt’, or any derivation of those words in a way that, although the words are separated from each other (whether by text or otherwise), the word ‘pure’ (or any derivation of it) is used adjectivally in connection with the word ‘malt’ (or any derivation of it).
Maturation, age and distillation statements
12
1
Without prejudice to the obligation to comply with the directly applicable requirements of Article 12(3) of Regulation (EC) No 110/2008 (which requires, among other things, that any maturation period or age may only be specified in the description, presentation or labelling of a spirit drink where it refers to the youngest alcoholic component in the drink), a person must not label, package, sell, advertise or promote any Scotch Whisky in a way that includes a reference to its maturation period or age unless the maturation period or age is expressed in years.
2
A person must not label, package, sell, advertise or promote any Scotch Whisky in a way that includes a reference relating to when it was distilled unless —
a
the reference relates to a single calendar year;
b
all of the whisky in the drink was distilled in that year;
c
the presentation of the whisky also includes a reference to —
i
the year of bottling of the whisky;
ii
the maturation period of the whisky; or
iii
the age of the whisky; and
d
the reference to the year of bottling, the maturation period, or age of the whisky appears in the same field of vision as the reference to the year of distillation.
3
A person must not label, package, sell, advertise or promote any Scotch Whisky in a way that includes a reference to any number (however expressed) if the reference to that number may create a likelihood of confusion on the part of the public as to whether the number relates to the maturation period of the whisky, its age or when it was distilled.
Transitional provisions relating to labelling and packaging
13
1
A person is not to be taken to have contravened, or to have failed to comply with, regulation 8 , 9, 10, 11 or 12 by reason of the labelling or packaging of any whisky or whisky-based drink on or before 22nd November 2011.
2
It is for a person seeking to rely on paragraph (1) in relation to any whisky or whisky-based drink to prove that the drink was labelled or packaged on or before 22nd November 2011.
Transitional provisions relating to advertising and promotion
14
A person is not to be taken to have contravened, or to have failed to comply with regulation 8, 9, 10, 11 or 12 by reason of the advertising or promotion of any whisky or whisky-based drink on or before 22nd November 2011.
Designation
15
In relation to Scotch Whisky, the Commissioners for Her Majesty’s Revenue and Customs are designated as a competent authority for the purpose of Article 24(1) of Regulation (EC) No 110/2008 in relation to the verification function imposed on them by regulation 5(1) of the Spirit Drinks Regulations 2008 .
Enforcement
16
1
Each food authority must enforce the provisions of these Regulations within its area.
2
Each port health authority must enforce the provisions of these Regulations within its district.
Appointment of officers
17
Each food authority and each port health authority must appoint officers for the purposes of the enforcement of these Regulations.
Duty to give assistance and provide information
18
Each enforcement authority must give such assistance and information to any other enforcement authority as it may reasonably require for the purpose of its duties under these Regulations.
Powers of entry
19
1
An authorised officer may enter any premises at any reasonable hour for the purpose of ensuring that the provisions of these Regulations are being complied with.
2
The authorised officer may take with them such other persons as they consider necessary.
3
An authorised officer must not exercise the powers under paragraph (1) or (2) except on the production, if so required, of a duly authenticated document showing their authority.
4
Admission to any premises used only as a private dwellinghouse may not be demanded as of right unless 24 hours notice of the intended entry has been given to the occupier or the entry is in accordance with a warrant granted under this regulation.
5
If a justice of the peace, on sworn information in writing, is satisfied of the matters mentioned in paragraph (6) , they may sign a warrant permitting an authorised officer to enter any premises, if needs be by reasonable force.
6
The matters are that —
a
there are reasonable grounds for believing that Condition A or B is met; and
b
Condition C, D or E is met.
7
Condition A is that on the premises there are items or products of the type mentioned in regulation 20(1)(a)(i) to (x) or documents or records of the type mentioned in regulation 20(1)(e) and that their inspection is likely to disclose evidence of a contravention of, or failure to comply with, these Regulations.
8
Condition B is that a contravention of, or failure to comply with, these Regulations has occurred, is occurring or is about to occur on those premises.
9
Condition C is that admission to the premises has been, or is likely to be, refused, and that the occupier has been informed (whether orally or in writing) that a warrant may be applied for.
10
Condition D is that admission to the premises has been, or is likely to be, refused, and informing the occupier that a warrant under this regulation may be applied for may defeat the object of the entry.
11
Condition E is that the premises are unoccupied or that the occupier is temporarily absent and it may defeat the object of the entry to await their return.
12
A warrant granted under paragraph (5) —
a
is valid for one month, beginning with the day on which it is granted; and
b
must be produced for inspection to the person (if there is one) who appears to the officer to be the occupier, or the person in charge, of the premises.
13
An authorised officer who enters any premises that are unoccupied or where the occupier is temporarily absent must leave the premises as effectively secured against unauthorised entry as when they found them.
14
In this regulation, a reference to a justice of the peace —
a
in Scotland includes a reference to a sheriff; and
b
in Northern Ireland is a reference to a lay magistrate.
Powers of an authorised officer
20
1
An authorised officer (“O”) entering premises under regulation 19 may —
a
inspect the premises, and any still and any other plant, machinery or equipment on those premises, and any of the following items found on those premises —
i
any whisky partly or fully packaged ready for sale;
ii
any whisky-based drink partly or fully packaged ready for sale;
iii
any product purporting to be a whisky or whisky-based drink partly or fully packaged ready for sale;
iv
any product that O has reasonable grounds for believing is regulated by regulation 6(2) ;
v
any liquid that O has reasonable grounds for believing is a distillate regulated by these Regulations (including any vessel in which the liquid is found);
vi
any liquid that, although not packaged ready for sale, O has reasonable grounds for believing will be used for a product regulated by these Regulations (including any vessel in which the liquid is found);
vii
any raw material or ingredients that O has reasonable grounds for believing may be used to produce any distillate or drink regulated by these Regulations, including colourings and flavourings;
viii
any mash that O has reasonable grounds for believing may be used to produce any distillate regulated by these Regulations;
ix
any packaging or label that O has reasonable grounds for believing may be used for a product regulated by these Regulations;
x
any advertising or promotional materials relating to a drink, or other documentation relating to a distillate or to a drink, that O has reasonable grounds for believing may be used for a product regulated by these Regulations;
b
search the premises;
c
take samples;
d
carry out any inquiries, examinations or tests;
e
have access to, and inspect and copy, any documents or records (in whatever form they are held) relating to matters covered by these Regulations, and remove them to enable them to be copied;
f
have access to, and inspect and check the data on, and operation of, any computer, and any associated electronic storage device or apparatus (“computer equipment”) that is, or has been in use in connection with, the documents or records mentioned in sub-paragraph (e) , including data relating to deleted files and activity logs; and for this purpose O may require any person having charge of, or otherwise concerned with the operation of, the computer equipment to afford to O such assistance (including the provision of passwords) as O may reasonably require, and, during the course of the checks, O may recover data held on the computer equipment; and
g
where a document or record mentioned in sub-paragraph (e) is kept by means of a computer, require the record to be produced in a form in which it may be taken away.
2
O may direct (“a regulation 20(2) direction”) a person (“P”) that the following must be left undisturbed for as long as is reasonably necessary for the purpose of any examination or investigation —
a
any one or more of the items mentioned in paragraph (1) (a) (i) to (x) ;
b
any document or record mentioned in paragraph (1) (e) ;
c
any computer equipment mentioned in paragraph (1) (f) ; and
d
any premises on or in which any of those items are found.
3
P must comply with a regulation 20(2) direction given to them by O.
4
A person, other than O and P, who knows about a regulation 20(2) direction must not (although the direction was not given to them) disturb any item or premises in contravention of the terms of the direction.
5
O may seize and detain any item of the type mentioned in paragraph (1) (a) (i) to (x) or document or record mentioned in paragraph (1) (e) that O has reason to believe may be required as evidence in proceedings under these Regulations.
6
O may seize as liable to destruction any product of the type mentioned in paragraph (1) (a) (i) , (ii) or (iii) that O reasonably believes contravenes any provision of these Regulations.
7
O may seize any computer equipment for the purpose of copying documents or records of the type mentioned in paragraph (1) (e) , and for checking the data on, and operation of, any computer equipment that is, or has been, in use in connection with, those documents or records, provided it is returned as soon as practicable and, in any event, within 28 days, beginning with the day on which the equipment is seized.
8
If O is not able to remove an item, product or computer equipment seized under paragraph (5) , (6) or (7) immediately, they may —
a
mark it in any way that they see fit; and
b
give the person (“P”) appearing to them to be in charge of the item, product or computer equipment a notice (“a regulation 20(8) notice”) —
i
identifying it;
ii
requiring the item or computer equipment to be left undisturbed until it is collected by O; and
iii
prohibiting the removal of the item, product or computer equipment from the premises on which it was found until it is collected by O.
9
P must not contravene a regulation 20(8) notice given to them by O.
10
A person, other than O and P, who knows about a regulation 20(8) notice, must not (although the notice was not given to them) disturb or remove an item, product or computer equipment in contravention of the terms of the notice.
11
O must not exercise the powers under this regulation except on the production, if so required, of a duly authenticated document showing their authority.
Procedure on seizure
21
1
An authorised officer (“O”) must follow the procedures set out in this regulation if they seize anything under regulation 20(5) , (6) or (7) .
2
O must give to the person appearing to O to be in charge of the premises from which the seized item, product or computer equipment is seized (“the premises”) a notice that must state —
a
what O has seized;
b
when O seized it;
c
the grounds for the seizure of the item, product or equipment; and
d
the address to which, and the period during which, a claim may be made for the return of the item, product or equipment.
3
But where the premises are unoccupied, or no-one appears to O to be in charge of the premises, O must attach a notice to a conspicuous part of the premises, or to some conspicuous object on the premises, containing the information mentioned in sub-paragraphs (a) to (d) of paragraph (2) .
4
A person having a proprietary interest in the seized item, product or computer equipment (including a lender who has a debt secured on the item, product or equipment) may notify the enforcement authority of any claim that the seized item, product or equipment was not liable to seizure, setting out the grounds for the claim in full.
5
The claim must be made within 28 days of the seizure, beginning on the day on which the seized item, product or computer equipment is seized, to the address specified in the seizure notice.
6
If a notification of a claim is not received within 28 days in respect of an item seized under regulation 20(5) , the enforcement authority may retain the seized item for as long as necessary while it is being held for the purpose of any criminal investigation or proceedings or for use as evidence at a trial.
7
If a notification of a claim is received within 28 days in respect of an item seized under regulation 20(5) , the enforcement authority must —
a
return the seized item within 14 days, beginning with the day on which the claim is received; or
b
retain the seized item or product for as long as necessary while it is being held for the purpose of any criminal investigation or proceedings, or for use as evidence at a trial, but it must notify the claimant that the seized item is being retained, and of the reason why it is being retained, within 14 days, beginning with the day on which the claim is received.
8
If a notification of a claim is not received within 28 days in respect of a product seized under regulation 20(6) , the enforcement authority may —
a
if a decision is taken by the enforcement authority not to destroy the seized product but to retain it for the purpose of any criminal investigation or proceedings, or for use as evidence at a trial, retain the seized product for as long as necessary for one of those purposes, but the enforcement authority must —
i
notify the relevant person that the seized product is being retained, and of the reason why it is being retained, within 14 days of the expiry of the claim period, beginning with the day after the claim period expires; or
ii
where the enforcement authority does not know who the relevant person is, and this cannot be ascertained after reasonable enquiries have been made by the enforcement authority, attach a notice to a conspicuous part of the premises, or a conspicuous object on those premises, within 14 days of the expiry of the claim period, beginning with the day after the claim period expires, stating that the seized product is being retained, and the reason why it is being retained; or
b
destroy the seized product within 28 days, beginning with the day after the 28 day claim period expires, if it is satisfied that the product contravenes these Regulations, and —
i
notify the relevant person that the seized product has been destroyed within 10 days of its destruction, beginning on the day on which the destruction was completed; or
ii
where the enforcement authority does not know who the relevant person is, and this cannot be ascertained after reasonable enquiries have been made by the enforcement authority, attach a notice to a conspicuous part of the premises, or to a conspicuous object on those premises, within 10 days of the destruction of the product, beginning with the day on which the destruction was completed stating that the seized product has been destroyed.
9
In paragraph (8) the “relevant person” means —
a
if the enforcement authority knows the identity of a person with a proprietary interest in the seized product, that person or (where it knows the identity of more than one person with a proprietary interest in the seized property) each of those persons; or
b
if the enforcement authority does not know the identity of a person with a proprietary interest in the seized product, the person appearing to it to be in charge of the premises.
10
In the case of any product destroyed under paragraph (8) (b) , the enforcement authority may recover the following costs as a debt from any person who had a proprietary interest in the product immediately before its destruction (apart from a lender who has a debt secured on the product) —
a
the costs of the removal and transport of the product from the premises to the place at which it is stored;
b
the costs of the storage of the product for up to 28 days;
c
any costs for the removal and transport of the product if it is moved from one place of storage to another place of storage;
d
the costs of the transport of the product from the place of storage to the place of destruction; and
e
the costs of the destruction of the product.
11
If a notification of a claim is received within 28 days in respect of a product seized under regulation 20(6) , the enforcement authority must —
a
return the seized product within 14 days, beginning with the day on which the claim is received;
b
if a decision is taken by the enforcement authority not to destroy the seized product but to retain it for the purpose of any criminal investigation or proceedings or for use as evidence at a trial, retain the product for as long as necessary for one of those purposes but the enforcement authority must notify the claimant that the seized product is being retained, and of the reason why it is being retained, within 14 days of the claim, beginning with the day on which the claim is received; or
c
within 14 days of the claim, beginning with the day on which the claim is received, take proceedings (“regulation 21(11)(c) proceedings”) in a relevant court for an order giving them authority to destroy the product.
12
In regulation 21(11)(c) proceedings the relevant court may —
a
authorise the enforcement authority to destroy the seized product;
b
authorise the enforcement authority to retain the product for the purpose of any criminal investigation or proceedings, or for use as evidence at a trial, for as long as necessary for one of those purposes; or
c
require the enforcement authority to return the product to the claimant and impose a deadline by which this must be done.
13
If, in regulation 21(11)(c) proceedings, the relevant court authorises the enforcement authority to destroy the seized product, the court may also make an order requiring the claimant (but not a claimant who is a lender with a debt secured on the product) to pay such of the following costs as the court may specify —
a
the costs of the removal and transport of the product from the premises to the place at which it is stored;
b
the costs of the storage of the product for up to 28 days;
c
any costs for the removal and transport of the product if it is moved from one place of storage to another place of storage;
d
the costs of the transport of the product from the place of storage to the place of destruction; and
e
the costs of the destruction of the product.
14
If a notification of a claim is received within 28 days in the case of any computer equipment seized under regulation 20(7) , the enforcement authority must —
a
return the seized computer equipment within seven days of the claim, beginning with the day on which the claim is received, or, if shorter, within the remainder of the maximum 28 day period provided for in regulation 20(7) ; or
b
take proceedings in a relevant court within seven days of the claim, beginning with the day on which the claim is received unless there are seven days or less remaining before the expiry of the maximum 28 day period provided for in regulation 20(7) , for an order authorising the enforcement authority to retain the seized computer equipment in accordance with the requirements laid down in regulation 20(7) .
15
If, in the case of any computer equipment seized under regulation 20(7) , the relevant court authorises the enforcement authority to retain the seized computer equipment, the court may impose conditions as to the basis on which the equipment may continue to be retained, including the imposition of a deadline by which the equipment must be returned that is shorter than the 28 day maximum period provided for in regulation 20(7) .
16
The procedure in a magistrates’ court under this regulation is by way of complaint, and —
a
in England and Wales, the Magistrates’ Courts Act 1980 applies to the proceedings; and
b
in Northern Ireland, the Magistrates’ Courts (Northern Ireland) Order 1981 applies to the proceedings.
17
The procedure before a sheriff court under this regulation is by way of summary application.
Improvement notices
22
1
If an authorised officer (“O”) has reasonable grounds for believing that any person (“P”) is failing to comply with regulation 5 , 6 , 7(1) , (2) or (3) , 8(6) or (7) , 9(6) , 10(4), 11 or 12 , O may give P a notice (“an improvement notice”) that —
a
states O’s grounds for believing this;
b
specifies the matter that constitutes the failure to comply with these Regulations;
c
specifies what P must stop doing, or the measures that, in O’s opinion, P must take in order to comply with these Regulations;
d
require P to stop doing the action specified in the notice, or take the measures specified in the notice (or, where provided for in the notice, any measures agreed by O as being at least equivalent to them), within the period (being not less than 14 days) specified in the notice;
e
informs P of the right of appeal to a relevant court conferred by regulation 23 ; and
f
informs P of the period within which such an appeal may be brought.
2
A person must not contravene or fail to comply with an improvement notice.
Appeals against improvement notices
23
1
Any person who is aggrieved about an improvement notice may appeal against that notice to a relevant court.
2
The procedure on an appeal to a magistrates’ court under paragraph (1) is by way of complaint, and —
a
in England and Wales, the Magistrates’ Courts Act 1980 applies to the proceedings; and
b
in Northern Ireland, the Magistrates’ Courts (Northern Ireland) Order 1981 applies to the proceedings.
3
An appeal to a sheriff court under paragraph (1) is by summary application.
4
The period within which an appeal may be brought is 28 days, beginning with the day on which the improvement notice is given.
Powers relating to appeals
24
1
The relevant court may suspend an improvement notice pending an appeal.
2
On an appeal against an improvement notice the relevant court may either cancel or confirm the notice with or without modification.
Publication of notices
25
1
An enforcement authority must publicise the cases in which any product seized under regulation 20(6) has been destroyed, in such manner as it sees fit.
2
But an enforcement authority must not publish the destruction of any item seized under regulation 20(6) where it considers that it would be inappropriate to do so.
3
An enforcement authority must publicise the cases in which improvement notices have been given by it under regulation 22 , in such manner as it sees fit.
4
But an enforcement authority must not publicise an improvement notice given by it under regulation 22 —
a
until the time for appealing against the imposition of the improvement notice has passed;
b
during the period that any appeal against the imposition of the improvement notice is ongoing;
c
where an appeal against the imposition of the improvement notice is successful; or
d
in any other case where the enforcement authority considers that it would be inappropriate to do so.
Obstruction
26
1
A person (“P”) must not obstruct any person acting in the execution of these Regulations (“O”).
2
P must give to O any assistance or information that O may reasonably require of P for the performance of O’s functions under these Regulations.
3
P must not furnish any false or misleading information to O.
4
P must produce a record to O when required to do so by O.
Offences
27
A person is guilty of an offence if they contravene, or fail to comply with regulation 5 , 6 , 7(1) , (2) or (3) , 8(6) or (7) , 9(6) , 10(4) , 11 , 12 , 20(3) , (4) , (9) or (10) , 22(2) or 26.
Fines
28
A person guilty of any offence under regulation 27 is liable —
a
on conviction on indictment, to a fine; and
b
on summary conviction, to a fine not exceeding the statutory maximum.
Offences by bodies corporate etc.
29
1
Where an offence committed by a body corporate (other than a limited liability partnership or a Scottish partnership) is proved to have been committed with the consent or connivance of, or is attributable to the neglect of, an officer of the body corporate, or a person purporting to act in such a capacity, that officer or person (as well as the body corporate) is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member, and a person purporting to act in such a capacity, in connection with the member’s functions of management as it applies to an officer of a body corporate.
3
Where an offence committed by an unincorporated body (other than an unincorporated partnership) is proved to have been committed with the consent or connivance of, or is attributable to the neglect on the part of, any officer of that body or a person purporting to act in such a capacity, that officer or person (as well as the unincorporated body) is guilty of the offence and liable to be proceeded against and punished accordingly.
4
Where an offence committed by a partnership (including a Scottish partnership but excluding a limited liability partnership) is proved to have been committed with the consent or connivance of, or is attributable to the neglect of a partner, or a person purporting to act in such a capacity, the partner or person (as well as the partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.
5
Where an offence committed by a limited liability partnership is proved to have been committed with the consent or connivance of, or is attributable to the neglect of, a member of that partnership, or a person purporting to act in such a capacity, that member or person (as well as the limited liability partnership) is guilty of the offence and is liable to be proceeded against and punished accordingly.
6
In this regulation “offence” means an offence under these Regulations.
Default of third person
30
Where the commission by one person (“A”) of an offence under these Regulations is due to the act or default of another (“B”), B also commits the offence, and B may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings are taken against A.
Defences
31
1
In proceedings for an offence under these Regulations in Scotland it is a defence for the accused to prove that they took all reasonable steps and exercised all due diligence to avoid committing the offence.
2
In proceedings for an offence under these Regulations in the remainder of the United Kingdom it is a defence for the defendant to prove that they took all reasonable steps and exercised all due diligence to avoid committing the offence.
3
A person may not rely on a defence that involves an allegation that the commission of the offence was due to the act or default of another person unless —
a
in Scotland at least seven clear days before the trial diet the accused has given to the procurator fiscal a notice in writing giving such information identifying or assisting in the identification of the other person as was then in their possession;
b
in the remainder of the United Kingdom at least seven clear days before the hearing the defendant has given to the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in their possession; or
c
the court grants them leave.
Giving of penalty notice for penalty offence
32
An enforcement authority that has reason to believe that a person has committed an offence under regulation 27 (“the relevant offence”) in relation to a contravention or failure to comply with regulation 5 , 6 , 7(1) , (2) or (3) , 8(6) or (7) , 9(6) , 10(4) , 11 , 12 , 20(3) , (4) , (9) or (10) or 22(2) may give a penalty notice to that person.
Contents and form of penalty notice
33
A penalty notice given by an enforcement authority must —
a
give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence;
b
state the amount of the penalty;
c
state the period during which, by virtue of regulation 35 , proceedings will not be taken for the offence;
d
state the person to whom, and the address at which, the penalty may be paid and the ways in which the penalty may be paid; and
e
state that payment must not be made in cash.
Amount of penalty
34
1
The amount of the penalty must be determined by the enforcement authority and must neither be less than £1,000 nor more than £4,000.
2
The factors to be taken into account by the enforcement authority in determining the amount of the penalty may include (but are not limited to) one or more of the factors mentioned in Schedule 4.
Restriction on proceedings for penalty offence
35
1
Where a person is given a penalty notice —
a
no proceedings may be brought against them for the penalty offence to which that notice relates before the end of the period of 28 days, beginning with the day on which they were given the notice; and
b
that person may not be convicted of the offence if the penalty is paid in accordance with regulation 36 before the end of that period.
2
Paragraph (1) does not apply if the penalty notice is withdrawn in accordance with regulation 39 .
Payment of penalty
36
1
Payment of any penalty must be made to the person specified in the penalty notice by sending it by post or by such method as may be specified in the notice.
2
Payment of any penalty may not be made in cash.
Certificate of payment or non-payment of a penalty
37
In any proceedings a certificate purporting to be signed by or on behalf of the enforcement authority, stating that payment in respect of a penalty notice was or was not received on or before a date specified in the certificate, is evidence of the facts stated.
Penalty receipts
38
Penalties paid to an enforcement authority must be paid into the Consolidated Fund.
Withdrawal of penalty notice
39
1
A penalty notice may be withdrawn by an enforcement authority which has reason to believe that it ought not to have been given (whether to the person named in the penalty notice or otherwise).
2
A penalty notice may be withdrawn by the enforcement authority giving notice to the person named in the penalty notice before or after the payment of the penalty.
3
Where an enforcement authority withdraws a penalty notice it must repay any penalty paid under the penalty notice to the person named in the penalty notice within 28 days, beginning with the day on which the notice of the withdrawal of the penalty notice is given.
Civil remedy
40
1
If the Court of Session is satisfied, on the application of a person mentioned in paragraph (4) , that any person has contravened regulation 5 , 6 , 7(1) , (2) or (3) , 8(6) or (7) , 9(6) , 10(4), 11 or 12 , in Scotland, the Court may grant an interdict prohibiting such contravention.
2
If the High Court is satisfied, on the application of a person mentioned in paragraph (4) , that any person has contravened regulation 6 , 8(6) or (7) , 9(6) , 10(4), 11 or 12 in England, Northern Ireland or Wales, the Court may grant an injunction prohibiting such contravention.
3
If the High Court is satisfied, on the application of a person mentioned in paragraph (4) , that any person has contravened regulation 7(1) , (2) or (3) in a case where regulation 7(4)(b) applies and the person arranging the movement of the whisky is in England, Northern Ireland or Wales, the Court may grant an injunction prohibiting such contravention.
4
The persons are —
a
any distiller or blender of Scotch Whisky;
b
the owner of a brand of Scotch Whisky;
c
The Scotch Whisky Association; or
d
any other person appearing to the court to be representative of a group of persons who are distillers or blenders of Scotch Whisky or owners of brands of Scotch Whisky.
Giving of notices
41
1
Any notice required to be given under these Regulations to any person may be given to them by —
a
delivering it to them;
b
leaving it at their proper address; or
c
sending it to them by post at that address.
2
The notice may be given to a body corporate by being given to an officer of that body.
3
The notice may be given to a limited liability partnership by being given to a member of the partnership or a person having the control or management of the partnership business.
4
The notice may be given to a Scottish partnership or unincorporated partnership by being given to a partner or a person having the control or management of the partnership business.
5
The notice may be given to any other unincorporated body by being given to an officer of that body.
6
For the purposes of this regulation and section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this regulation, the proper address of any person to whom a notice is to be given is —
a
in the case of a body corporate, the address of the registered or principal office of the body;
b
in the case of a limited liability partnership or a Scottish partnership, the address of the registered or principal office of the partnership;
c
in the case of an unincorporated partnership or any other unincorporated body, the address of the principal office of the partnership or body;
d
in the case of a person to whom the notice is given in reliance on any of paragraph (2) , (3) , (4) or (5) , the proper address of the body corporate, partnership or other unincorporated body in question; and
e
in any other case, the last known address of the person in question.
7
For the purposes of paragraph (6) the references to “the principal office” in relation to a company which is registered outside the United Kingdom, a partnership which is carrying on business outside the United Kingdom and any other unincorporated body which has its principal office outside the United Kingdom, include a reference, in each case, to their principal office within the United Kingdom (if any).
8
Paragraph (9) applies if a person to be given a notice under these Regulations has specified an address (“the specified address”) within the United Kingdom other than their proper address (as decided under paragraph (6) ) as the one at which they, or someone on their behalf, will accept documents of the same description as a notice given under these Regulations.
9
The specified address is also to be treated for the purposes of this regulation and section 7 of the Interpretation Act 1978 in its application to this regulation as the person’s proper address.
10
In relation to Wales, any notice required to be given under these Regulations to any person must be in English and Welsh.
11
In this regulation “body corporate” does not include a limited liability partnership or a Scottish partnership.
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
26th October 2009


type: legislation

jurisdiction: UK

text:
PART 1 Introductory provisions
Citation and commencement
1
These Regulations may be cited as the Organic Products Regulations 2009; they come into force on 27th April 2009.
Interpretation
2
1
In these Regulations —
“authorised officer” means a person authorised in writing by a local authority, a port health authority or the Secretary of State for the purposes of these Regulations;
“Commission Regulation 889/2008” means Commission Regulation ( EC ) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control ;
“Commission Regulation 1235/2008” means Commission Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries ;
“control body” means a control body, within the meaning of Article 2(p) of the Council Regulation, to whom the Secretary of State has from time to time delegated control tasks in accordance with Article 27(4)(b) of the Council Regulation;
“controlled consignment” means any consignment the movement of which is, for the time being, prohibited under regulation 7;
“the Council Regulation” means Council Regulation (EC) No 834/2007 on organic production and labelling of organic products ;
“the database” means the computerised database, established under Article 48(1) of Commission Regulation 889/2008, listing varieties of seed and seed potatoes obtained by the organic production method (which term has the same meaning as in the Council Regulation) which are available in the United Kingdom;
“holding” has the meaning given in Article 2(e) of Commission Regulation 889/2008;
“importer” means any person who imports from a third country any products referred to in Article 1 of the Council Regulation with a view to the subsequent placing on the market of such products, and cognate expressions are construed accordingly;
“local authority” means —
in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
in relation to Wales, a county council or a county borough council;
in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ; and
in relation to Northern Ireland, a district council (within the meaning of section 44 of the Interpretation Act (Northern Ireland) 1954 );
“organic product” means a product referred to in Article 1(2) of the Council Regulation, as read with Article 1(2) of Commission Regulation 889/2008;
“organic production” has the same meaning as in Article 2(a) of the Council Regulation;
“place of import”, in relation to a consignment imported into the United Kingdom from a third country, means the place at which the consignment first arrives in the United Kingdom;
“port health authority” means —
in relation to the London port health district (within the meaning given by section 7(1) of the Public Health (Control of Disease) Act 1984 ), the Common Council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of that Act, the port health authority for that district constituted by order under section 2(4) of that Act;
“specified Community provision” means those provisions specified in column 1 of the table in the Schedule, as read with any supplementary provisions specified in column 2 of that Schedule;
“the Soil Association” means the Soil Association Limited, a company limited by guarantee and registered charity No 206862 of South Plaza, Marlborough Street, Bristol BS1 3NX.
2
Other expressions used in these Regulations have the same meaning as in Commission Regulation 889/2008, Commission Regulation 1235/2008 or the Council Regulation.
3
A reference in these Regulations to any Community instrument, or any provision of a Community instrument, is a reference to that instrument or that provision as amended from time to time.
PART 2 Designations and exemptions
Designation of competent authority etc.
3
1
The Secretary of State is the competent authority for the purposes of the Council Regulation, Commission Regulation 889/2008 and Commission Regulation 1235/2008.
2
Each control body is an authority responsible for the purposes of Article 28(3) of the Council Regulation for the receipt of notification of the information specified in Article 63(3) of Commission Regulation 889/2008 made by an operator under Article 28(1)(a) of the Council Regulation.
3
The Soil Association is the manager of the database for the purposes of Article 48(2) of Commission Regulation 889/2008.
Exemption from requirement to adhere to control system
4
Article 28 of the Council Regulation (requirements to notify activities and submit undertakings to the control system) does not apply to an operator who sells an organic product directly to the final consumer or user, provided that the operator does not produce, prepare, store other than in connection with the point of sale, or import such a product from a third country, or has not contracted out such activities to a third party.
Permitted exceptions to the organic production rules
5
1
References in paragraph (2) to a numbered Article or Annex are references to that Article of, or Annex to, Commission Regulation 889/2008.
2
A control body may —
a
permit an increase in the percentages referred to in Article 9(3) (which restricts the number of non-organic female mammals for the renewal of a herd or flock) up to 40%, in accordance with Article 9(4);
b
permit operations to be carried out for reasons of safety or to improve health, welfare or hygiene, in accordance with Article 18(1) (management of animals);
c
permit cattle in small holdings to be tethered, in accordance with Article 39;
d
authorise the bringing-in of non-organically reared poultry or non-organically reared pullets for egg production, in accordance with Article 42;
e
permit the use of non-organic seed or vegetative propagating material for the purposes of Article 45(1)(a) and in accordance with Article 45;
f
authorise the renewal or reconstitution of a herd or flock with non-organic animals or the reconstitution of an apiary with non-organic bees following high mortality caused by health or catastrophic circumstances, in accordance with Article 47(a) or (b);
g
authorise the use of synthetic vitamins A, D or E as feed additives, in accordance with the third indent of point 1.1(a) of Annex VI ; and
h
permit the use of sodium nitrite or potassium nitrite as a food additive for meat products if there is no technological alternative, for the purposes of Article 27(1)(a) and the table in section A of Annex VIII , as read with footnote (1) to that table.
PART 3 Control of third country imports
Advance notification
6
1
A person seeking the release for free circulation in the Community of a consignment must, during the normal office hours of the relevant authority at the place of import, give to an authorised officer advance notice in writing of the intended arrival of the consignment at that place of import.
2
Any such notice must be given at least six hours in advance in relation to a consignment arriving by air and at least twenty four hours in advance in relation to a consignment arriving by any other means.
3
In paragraph (1), “relevant authority” means —
a
in relation to Scotland, the local authority for the place of import; and
b
in any other case, the port health authority (or, if there is no such authority, the local authority) for that place.
Control on movement
7
1
An authorised officer may prohibit the movement of a consignment from the place of import if the officer has reason to believe that there has been a failure to comply with any relevant provision of the Council Regulation or Commission Regulation 1235/2008.
2
An officer who has prohibited such movement must, as soon as possible, give written notice to the importer or person who appears to the officer to be in charge of the consignment.
3
The notice must —
a
specify the controlled consignment;
b
state that it may not be moved without the written consent of an authorised officer;
c
specify the relevant provision of the Council Regulation or Commission Regulation 1235/2008 in respect of which the officer has reason to believe that there has been a failure to comply; and
d
specify what steps, if any, might be taken to show that there has been compliance with that provisions, and within what time such steps must be taken.
4
Where —
a
no steps are specified for the purposes of paragraph (3)(d), or
b
there has been a failure to take such steps as are specified within the time specified,
an authorised officer may order that, under supervision, the controlled consignment be destroyed or otherwise disposed of.
5
If the person to whom the authorised officer gives the notice does not appear to the officer to be the importer or an agent, contractor or employee of the importer, the officer must use best endeavours to bring the contents of the notice to the attention of such a person as soon as possible.
6
An authorised officer may affix to any controlled consignment, or to any container in which the controlled consignment is packed, labels warning of the prohibition on movement.
7
An authorised officer who is satisfied that the steps specified in the notice under paragraph (3)(d) have been taken must, as soon as possible, remove the prohibition on movement.
Consent to movement
8
1
An authorised officer may, at any time, give written consent to the movement of a controlled consignment.
2
An authorised officer must, on request, give written consent to the movement of a controlled consignment if that officer or another authorised officer has been given a written undertaking by the importer to the effect that the consignment will —
a
be moved to a place specified by an authorised officer; and
b
not be moved from that place without the written consent of an authorised officer.
3
Any consent given under this regulation must —
a
specify the controlled consignment to which it relates;
b
specify the place to which the controlled consignment is to be moved; and
c
state that the controlled consignment continues to be controlled.
4
Where such a consent has been given and the consignment has been moved to the place in question, the prohibition on movement under regulation 7 applies to it at the place in question as it applied at the place of import.
PART 4 Fees
Fees - general
9
1
All fees payable under this Part are payable on invoice.
2
In any proceedings for recovery of an amount payable under this Part, a certificate issued by the person to whom the amount is payable stating that payment of an amount payable under this Part was not received by a date specified in the certificate is evidence of the facts stated.
Fees for registering information in the database
10
1
Subject to paragraph (2), the Soil Association must charge a supplier a fee of £150 for registering information in the database in accordance with Articles 49(1) and 51(1) of Commission Regulation 889/2008.
2
The Soil Association may waive the whole or part of any fee payable under paragraph (1).
Fees for ingredient authorisations
11
The Secretary of State may charge a fee of £38 for issuing or for renewing a provisional authorisation to permit the use of a non-organic agricultural ingredient in organic production for the purposes of Article 19(1)(c) of the Council Regulation.
Fees for import authorisations
12
The Secretary of State may charge a fee of —
a
£27 for issuing an authorisation in accordance with Article 19 of Commission Regulation 1235/2008 to market products imported from a third country that is not on the list referred to in Article 33(2) of the Council Regulation;
b
£18.50 for varying such an authorisation; and
c
£16.50 for renewing such an authorisation.
Fees for approvals of control bodies and post-approval inspections
13
1
The Secretary of State may charge a person who has applied for approval as a control body for the purposes of Article 27 of the Council Regulation a fee of £192.50.
2
The Secretary of State may charge a control body a fee in respect of any expenses reasonably incurred in carrying out, for the purposes of Article 27(8) or (9) of the Council Regulation —
a
any further inspection of a control body’s offices or facilities;
b
any inspection of an operator’s premises, facilities or holding; and
c
any associated administrative work (including verification of the competence of the inspectors employed by the control body).
3
Any fee payable by a control body under this regulation remains payable even if its approval as a control body has subsequently been withdrawn by the Secretary of State under Article 27(8) or 27(9)(d) of the Council Regulation.
Fees relating to the control system
14
1
A control body must charge an operator a fee in respect of any expenses reasonably incurred by it in carrying out an inspection of the operator’s holding, premises or facilities.
2
Where an operator has been unable to reach agreement with a control body for the carrying out of an inspection, the Secretary of State must, if so requested by the operator, arrange for another control body to carry out an inspection.
3
In this regulation, “inspection” means an inspection or control visit carried out for the purposes of Article 65 of Commission Regulation 889/2008.
Fees relating to third country imports
15
1
Subject to paragraph (2), a port health authority or local authority must charge an importer of a consignment a fee in respect of any expenses reasonably incurred by it —
a
in carrying out its functions under regulation 7 in respect of that consignment; and
b
in carrying out a verification of the consignment.
2
A port health authority or local authority may waive the whole or part of any fee payable under paragraph (1), but in deciding to do so must consider the extent to which it would have been reasonable for it not to have taken the action in respect of which any such expenses have been incurred.
PART 5 Offences and enforcement
Notification requirement
16
For the purposes of Article 30 of the Council Regulation (measures in case of infringements and irregularities), where a control body believes that an irregularity, severe infringement or infringement with prolonged effect has been found, it must —
a
notify that belief in writing to the Secretary of State, the local authority and, if there is one, the port health authority for the area concerned; and
b
give the local authority or port health authority any information which it may reasonably require for the purpose of enforcing these Regulations.
Obtaining samples and analysis etc.
17
1
An authorised officer may, for the purposes of ascertaining whether any offence under these Regulations has been committed, purchase or take a sample of any organic product.
2
An authorised officer who considers that the sample should be analysed, examined or tested, must submit it for that purpose to the public analyst for the area in which it was obtained (or, if the office of the public analyst for the area is vacant, to the public analyst for some other area).
3
The public analyst must then —
a
ensure that the sample is analysed, examined or tested as soon as practicable; and
b
give the person who submitted the sample a certificate specifying the result.
4
In any proceedings, the production by one of the parties —
a
of a document purporting to be a certificate under paragraph (3)(b), or
b
of a document supplied to the party by the other party as being a copy of such a certificate,
is evidence (and, in Scotland, sufficient evidence) of the facts stated in it unless, in a case falling within sub-paragraph (a), the other party requires that the analyst be called as a witness.
5
In any such proceedings, if a person charged or summonsed intends to produce a certificate of a public analyst or require, under paragraph (4), the analyst to be called as a witness, written notice of the intention together with a copy of the certificate (if appropriate) must be given to the other party at least three clear days before the hearing or trial.
6
If such notice is not given, the court may adjourn the proceedings on such terms as it thinks fit.
7
In this regulation, “public analyst” has the same meaning as in —
a
section 27 of the Food Safety Act 1990 , except in relation to Northern Ireland; and
b
regulation 27 of the Food Safety (Northern Ireland) Order 1991 , in relation to Northern Ireland.
Offences
18
1
The Schedule (specified Community provisions) has effect.
2
It is an offence for a person to contravene any of the specified Community provisions or regulation 6.
3
It is an offence for a person, knowing a consignment to be a controlled consignment —
a
to move it or cause it to be moved otherwise than in accordance with the written consent of an authorised officer; or
b
to remove or cause to be removed from it a label which has been affixed under regulation 7(6).
Penalties
19
A person guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Offence due to fault of another person
20
1
Where the commission by a person (“A”) of an offence under regulation 18 is due to the act or default of another person (“B”), B is guilty of the offence.
2
B may be charged with and convicted of the offence whether or not proceedings are taken against A.
Defence of due diligence
21
1
In proceedings against a person for an offence under regulation 18, it is a defence for the person to prove that all reasonable precautions were taken and due diligence was exercised to avoid committing the offence.
2
However, where the defence provided by paragraph (1) involves an allegation that the commission of the offence was due to the act or default of another person, a person (“A”) is not, without leave of the court, entitled to rely on that defence unless A has served on the prosecutor a notice in writing in accordance with paragraph (3) giving such information identifying or assisting in the identification of that other person as was then in A’s possession.
3
The notice must be served —
a
at least seven clear days before the hearing (or, in Scotland, the trial diet), and
b
where A has previously appeared before a court in connection with the alleged offence, within one month of A’s first such appearance.
Enforcement
22
1
Subject to paragraphs (2) and (3), these Regulations and the specified Community provisions are enforced by the local authority within its area.
2
In relation to products imported from third countries, where there is a port health authority for the place of import, these Regulations and the specified Community provisions are enforced by that authority instead of the local authority.
3
In relation to cases of a particular description, or a particular case, the Secretary of State may give written directions to a local authority or a port health authority concerning the enforcement of these Regulations, and such directions may also be given —
a
in relation to Scotland, by the Scottish Ministers;
b
in relation to Wales, by the Welsh Ministers; and
c
in relation to Northern Ireland, by the Department of Agriculture and Rural Development.
Powers of entry
23
1
An authorised officer may, on producing (if so required) a duly authenticated document showing the officer’s authority, at all reasonable hours enter any premises for the purposes of enforcing the specified Community provisions or these Regulations.
2
The authorised officer may be accompanied by such other persons as the officer considers necessary, including any representative of the European Commission.
3
If a justice of the peace is satisfied on sworn information or, in Northern Ireland, on a complaint on oath that there are reasonable grounds for believing —
a
that an offence under these Regulations is being, or has been committed on any premises, and
b
that any of the conditions in paragraph (4) is met in relation to the premises,
the justice of the peace may by signed warrant authorise an authorised person to enter the premises, if need be by force.
4
The conditions referred to are —
a
that entry to the premises has been, or is likely to be, refused and notice of the intention to apply for a warrant under this regulation has been given to the occupier;
b
that the case is one of urgency and the premises are unoccupied or the occupier is temporarily absent;
c
that an application for admission to the premises or the giving of notice of the intention to apply for a warrant would defeat the object of entry.
5
A warrant under this regulation is valid for one month.
6
An authorised officer who enters any premises that are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.
7
It is an offence for a person who has entered premises under or by virtue of these Regulations to disclose any information obtained on the premises with regard to any trade secret, unless the disclosure is made in the performance of the person’s duty.
8
In relation to Scotland —
a
“justice of the peace” means a full justice as defined by section 9 of the District Courts (Scotland) Act 1975 ;
b
any reference in paragraph (3) to a justice of the peace includes a reference to a sheriff, and
c
the reference in that paragraph to “on sworn information” is read as a reference to “by evidence on oath”.
9
In this regulation, “premises” includes any vehicle, stall or moveable structure but does not include any premises, or part of any premises, used only as a dwelling.
Powers following entry
24
1
An authorised officer entering premises under regulation 23 may —
a
inspect any documents or records (in whatever form they are held) relating to a business dealing with any organic product; and
b
seize and detain any such records which the officer has reason to believe may be required as evidence in any proceedings under these Regulations.
2
For the purposes of paragraph (1), an authorised officer may —
a
have access to, inspect and check the operation of any computer and any associated apparatus or material which is or has been in use in connection with the records;
b
require any person having charge of, or otherwise concerned with the operation of, any such computer, apparatus or material to give the officer such assistance as may reasonably be required;
c
where the records are kept by means of a computer, require them to be produced in a form in which they may be taken away.
3
If it is decided that records seized and detained under paragraph (1)(b) are no longer needed as evidence in proceedings under these Regulations, an authorised officer must return them as soon as reasonably practicable after that decision.
4
In this regulation, “business” includes any undertaking whether it operates for profit or not and any undertaking or activity carried on by a public authority, including a local authority.
Power to require assistance
25
An authorised officer may require any person to provide the officer with such assistance, information or facilities as the officer may reasonably require for the purposes of carrying out functions under these Regulations.
Obstruction etc. of authorised officers
26
1
It is an offence for a person —
a
intentionally to obstruct a person acting in the execution or enforcement of these Regulations or the specified Community provisions; or
b
without reasonable excuse, the proof of which lies on the person, to fail to comply with any requirement made by an authorised officer under regulation 25.
2
A person who, in response to a requirement made under regulation 25, makes any representation which is false or misleading in a material particular and does so recklessly or knowing it to be false or misleading in that particular is guilty of an offence.
3
Nothing in paragraph (1)(b) requires a person to answer any question or give any information if to do so might incriminate the person.
Offences by bodies corporate etc.
27
1
If an offence committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, an officer of the body corporate, that officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
In paragraph (1), “officer” means a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in such a capacity.
3
If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.
4
If an offence committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
5
In paragraph (4) “partner” includes a person purporting to act as a partner.
6
If an offence committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the association or a member of its governing body, that officer or member as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly.
7
In this regulation and regulation 28, “offence” means an offence under these Regulations.
Offences committed by partnerships and other unincorporated associations
28
1
Proceedings for an offence alleged to have been committed by a partnership must be brought in the name of the partnership (and not in that of any of the partners).
2
Proceedings for an offence alleged to have been committed by an unincorporated association (other than a partnership) must be brought in the name of the association (and not in that of any of its members).
3
Rules of court relating to the service of documents have effect as if the partnership or unincorporated association were a body corporate.
4
In proceedings for an offence brought against a partnership or an unincorporated association, the following provisions apply in relation to the partnership or association as they apply in relation to a body corporate —
a
section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980 ;
b
section 70 of the Criminal Procedure (Scotland) Act 1995 ; and
c
section 18 of the Criminal Justice Act (Northern Ireland) 1945 and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 .
5
Paragraphs (1) and (2) are not to be read as prejudicing any liability of a partner, officer or member under regulation 27(4) or (6).
Extended time limit for bringing prosecutions
29
No prosecution for an offence under these Regulations may be begun after the expiry of one year from the commission of the offence or six months from its discovery by the prosecutor, whichever is the earlier.
Protection of officers etc. acting in good faith
30
1
An authorised officer or an officer or agent of a control body is not liable in any civil or criminal proceedings for anything done in the purported execution of these Regulations, the Council Regulation, Commission Regulation 889/2008 or Commission Regulation 1235/2008 if the court is satisfied that the act was done in good faith and there were reasonable grounds for doing it.
2
But this does not relieve the Secretary of State, a control body or a local authority from liability in respect of the acts of their officers.
PART 6 Supplementary provisions and revocations
Use of electronic communications
31
1
Any requirement under or by virtue of these Regulations for a person to give a notice to another person may be met by means of an electronic communication if —
a
it results in the information contained in that notice being available to the other person in all material respects as it would appear in a notice given in printed form; and
b
the other person consents to the information being sent by such means.
2
In paragraph (1), “electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000 .
3
For the purposes of paragraph (1)(a), “in all material respects” means in all respects material to an exact reproduction of the content of the information as it would appear in a notice given in printed form.
Revocations
32
The following are revoked —
a
the Organic Products (Imports from Third Countries) Regulations 2003 ;
b
the Organic Products Regulations 2004 ; and
c
regulation 2 of the Environmental Stewardship (England) and Organic Products (Amendment) Regulations 2006 .
Jane Kennedy
Minister of State
Department for Environment, Food and Rural Affairs
18th March 2009
We consent
Dave Watts
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
31st March 2009


text:
Citation and commencement
1
This Order may be cited as the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2009 and comes into force on 5th August 2009.
Variation of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001
2
1
The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 is varied as follows.
2
Article 4(2)(a) is omitted.
3
After article 8, insert —
Other activities within a designated area
8A
1
The prescribed provisions of the 1974 Act shall apply within a designated area to and in relation to the construction, reconstruction, alteration, repair, maintenance, cleaning, use, operation, demolition and dismantling of any structure which would be an offshore installation were it not a structure to which paragraph 3(c) of article 4 of this Order applies, or any preparation for any such activity.
2
This article shall cease to have effect on 6th April 2011, unless revoked with effect from an earlier date by a subsequent order.
Activities within a renewable energy zone
8B
1
Subject to paragraph (2), the prescribed provisions of the 1974 Act shall apply within a renewable energy zone to and in relation to —
a
the construction, reconstruction, alteration, repair, maintenance, cleaning, use, operation, demolition and dismantling of any energy structure or related structure, or any preparation for any such activity;
b
the transfer of people or goods between a vessel or aircraft and an energy structure or related structure;
c
the loading, unloading, fuelling or provisioning of a vessel;
d
the operation of a cable for transmitting electricity from an energy structure or related structure to Great Britain;
e
a diving project associated with any of the works mentioned in sub-paragraphs (a) to (d) of this paragraph.
2
This article shall not apply —
a
to a case where article 4, 5, 6 or 7 of this Order applies; or
b
to vessels which are registered outside the United Kingdom and are on passage through the renewable energy zone.
3
In this article —
“related structure” means a structure, not being in any case a vessel, related to an energy structure, including —
a structure for converting energy produced by an energy structure into a form suitable for transmission to Great Britain; and
a structure mainly for the provision of accommodation for persons carrying out work activities in relation to an energy structure or related structure;
“renewable energy zone” means any area designated by order under section 84(4) of the Energy Act 2004 and “within a renewable energy zone” includes over and under it.
4
This article shall cease to have effect on 6th April 2011, unless revoked with effect from an earlier date by a subsequent order.
.
4
The Schedule is omitted.
Judith Simpson
Clerk of the Privy Council


text:
PART 1 Introduction
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Act 1997 (Criminal Records and Registration) (Guernsey) Regulations 2009 and shall come into force on 16th December 2009.
2
These Regulations extend to Guernsey.
Interpretation
2
In these Regulations —
“ the Act ” means the Police Act 1997;
“exempted question” means a question in relation to which section 4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) has been excluded by an order of the Secretary of State under section 4(4) of that Act;
“Guernsey” means the Bailiwick of Guernsey and its adjacent territorial sea;
“register” means the register maintained by the Secretary of State for the purposes of Part 5 of the Act;
“reprimand” means a reprimand given to a child or young person in accordance with section 65 of the Crime and Disorder Act 1998 ;
“volunteer” means a person engaged in an activity which involves spending time, unpaid (except for travel and other approved out-of-pocket expenses), doing something which aims to benefit some third party other than or in addition to a close relative;
“warning” means a warning given to a child or young person in accordance with section 65 of the Crime and Disorder Act 1998.
PART 2 Applications for criminal record and enhanced criminal record certificates
Application form
3
The form set out in Schedule 1 to these Regulations, or a form to the like effect, is hereby prescribed for the purposes of sections 113A(1)(a), 113B(1)(a), 114(1)(a) and 116(1)(a) of the Act.
Fees for criminal record certificates and enhanced criminal record certificates
4
The fee payable in relation to an application for the issue of a criminal record certificate or an enhanced criminal record certificate is prescribed as —
a
£26 in the case of a criminal record certificate;
b
£36 in the case of an enhanced criminal record certificate, and an additional £6 where an urgent preliminary response is sought under section 113E(3)(b);
save that no fee is payable in relation to an application made by a volunteer.
Relevant matter: prescribed details
5
The following details of a relevant matter are prescribed for the purposes of sections 113A(3)(a) and 113B(3)(a) of the Act (including those provisions as applied by sections 114(3) and 116(3)) —
a
in the case of a conviction within the meaning of the Rehabilitation of Offenders Act 1974, including a spent conviction —
i
the date of conviction;
ii
the convicting court; and
iii
the offence;
b
in the case of a caution, reprimand or warning —
i
the date of caution, reprimand or warning;
ii
the place where the caution, reprimand or warning was issued; and
iii
the offence which the person issued with a caution, reprimand or warning had admitted.
Enhanced criminal record certificates: prescribed purposes
6
Purposes which correspond to purposes which are prescribed in regulation 5A of the Police Act (1997) (Criminal Records) Regulations 2002 are prescribed purposes for the purpose of section 113B(2)(b) of the Act.
Suitability information relating to children
7
Cases which correspond to cases which are prescribed in regulation 5 of the Police Act 1997 (Criminal Records) ( No. 2) Regulations 2009 are prescribed cases for the purpose of section 113BA(1) of the Act.
Suitability information relating to vulnerable adults
8
Cases which correspond to cases which are prescribed in regulation 6 of the Police Act 1997 (Criminal Records) (No. 2) Regulations 2009 are prescribed cases for the purpose of section 113BB(1) of the Act.
Central records: prescribed details
9
Information in any form relating to convictions, cautions, reprimands and warnings on a names database held by the National Policing Improvement Agency for the use of constables is prescribed as “central records” for the purposes of section 113A(6) of the Act (including that provision as applied by sections 113B(9), 114(3) and 116(3)).
Enhanced criminal record certificates: relevant police forces
10
For the purposes of an application for an enhanced criminal record certificate “relevant police force” means —
a
the police force maintained for the police area in England and Wales or Scotland within which the applicant resides or has resided within the period of five years preceding the date of the application;
b
the British Transport Police;
c
the Police Service of Northern Ireland if the applicant resides or has resided within the period of five years preceding the date of the application within Northern Ireland;
d
the State of Jersey Police Force if the applicant resides or has resided within the period of five years preceding the application within Jersey;
e
the salaried police force of the Island of Guernsey if the applicant resides or has resided within the period of five years preceding the application within Guernsey;
f
the Isle of Man Constabulary if the applicant resides or has resided within the period of five years preceding the application within the Isle of Man
g
such of the police forces referred to in sub-paragraphs (a) to (f) above as appear to the Secretary of State to be in possession of information regarding the applicant;
h
such other police force as the chief officer of police of a police force identified as a relevant police force by virtue of paragraphs (a), (b) or (c) above determines;
i
the Criminal Records Bureau if —
i
there is no UK residence address within the last five years provided on the application; and
ii
no other police force appears to the Secretary of State to be relevant to the application;
j
any police force that the Secretary of State determines to be relevant to the application.
Exception to unlawful disclosure provisions
11
1
The following purpose is specified in accordance with section 124(6)(f) of the Act, namely disclosure by an employment agency or employment business, whether or not in response to an exempted question, for the purpose of consideration —
a
by an educational institution, within the meaning given by section 42 of the Criminal Justice and Court Services Act 2000 ;
b
by an institution within the further education sector, within the meaning given by section 91(3) of the Further and Higher Education Act 1992 ; or
c
by an equivalent institution in Guernsey;
of a person’s suitability for a position at that institution.
2
In paragraph (1) above the reference to an employment agency and an employment business are references to such an agency or business within the meanings given by section 13 of the Employment Agencies Act 1973 or an equivalent agency or business in Guernsey.
PART 3 Registration
The register
12
There shall be included in the register the following information:
a
the name and address of the registered person and any telephone or facsimile number or electronic mailing address which has been notified to the Secretary of State for communication purposes;
b
the date on which the name of that person was first listed in the register;
c
the number assigned to that person on being listed
d
the nature of the exempted question, if any, that that person is likely to ask;
e
in the case of the registered body —
i
whether that body is likely to countersign applications under section 113A or 113B or transmit applications under section 113A(2A) or 113B(2A) of the Act at the request of bodies or individual asking exempted question and, if so, the nature of those questions;
ii
the name and address of any individual for the time being nominated in accordance with regulation 13 below as being authorised to act for the body in relation to the countersigning or transmission of applications under Part 5 of the Act and any telephone or facsimile number or electronic mailing address which has been notified to the Secretary of State for communication purposes;
iii
the date on which the name of that individual was first listed on the register;
iv
the number assigned to that individual on being listed; and
v
a specimen of the signature of that individual.
Nomination of authorised individuals
13
1
The body applying for registration under section 120 of the Act shall submit with the application the names of the individuals authorised to act for the body in relation to the countersigning or the transmission of applications under Part 5 of the Act.
2
The registered body shall submit to the Secretary of State the names of any individuals so authorised after the registration of the body, whether or not in substitution for any name previously submitted.
3
The Secretary of State may refuse to accept, or continue to accept, the nomination of an individual as so authorised if, in the opinion of the Secretary of State, that individual is not a suitable person to have access to information which has become, or is likely to become, available to him as a result of the registration of the body which nominated him.
4
Where the Secretary of State refuses to accept, or to continue to accept, the nomination of an individual under this regulation, he shall notify the body concerned, and that body may submit the name of another individual in substitution.
Fee on application for inclusion in the register
14
The fee payable by a person on application for inclusion in the register shall be £300.
Additional fees
15
In respect of the second and each subsequent name entered in the register in accordance with regulation 12(e)(ii) above, the fee payable shall be £5.
Conditions attached to registration
16
The person’s registration shall be subject to the following conditions:
a
payment of the fee referred to in regulation 14 above;
b
the fee payable under regulation 15 above in respect of the second and each subsequent name entered in the register shall be invoiced by the Secretary of State to the person and payable on account within 15 days of the invoice date;
c
the fee payable in relation to an application under section 113A or 113B of the Act which is accompanied by a statement under section 113A(2)(b) or 113B(2)(b) of the Act shall be invoiced by the Secretary of State and payable on account within 15 days of the invoice date;
d
where the registered person has made a statement under section 113A(2)(b) or 113B(2)(b) of the Act in relation to an application for a criminal record certificate or an enhanced criminal record certificate, any charged levied in connection with the services it provides under Part 5 of the Act shall be —
i
notified in writing to the Secretary of State who may publish details of any such charged in such manner as he thinks fit; and
ii
set out in any documentation the registered person publishes which relates to the services it provides under Part 5 of the Act;
e
prior to submitting an application for a criminal record certificate or an enhanced criminal record certificate to the Secretary of State, the registered person shall use all reasonable endeavours to ensure that —
i
the mandatory data fields are completed to the Secretary of State’s satisfaction on the form prescribed in Schedule 1 to these regulations and that the data supplied is accurate;
ii
the certificate is requested for an exempted question or prescribed purpose as the case may be; and
iii
if the application for a criminal record certificate or an enhanced criminal record certificate is made by a volunteer, the application falls within the definition of a volunteer in these regulations;
f
prior to making a statement under section 113A(2)(b) or 113B(2)(b) of the Act in relation to an application for a criminal record certificate or an enhanced criminal record certificate, a registered person or his authorised agent shall verify the identity of the applicant and in so doing comply with such conditions as the Secretary of State thinks fit and has notified to the registered person in writing;
g
where the registered person uses the services of another person to verify the identity of applicants, the registered person shall —
i
ensure the suitability of that person to conduct such checks;
ii
provide appropriate training and guidance to that person; and
iii
ensure that that person discharges his duties in accordance with such conditions as the Secretary of State thinks fit under sub-paragraph (f) above;
h
any change of the details in the information recorded on the register shall be notified to the Secretary of State.
Meg Hillier
Parliamentary Under Secretary of State
Home Office
14th December 2009