FOOD ACT 2003 - SECT 133D
Removal of information from register
FOOD ACT 2003 - SECT 133D
Removal of information from register
133D Removal of information from register
(1) The Food Authority may remove any information from a register kept under
this Part.
(2) The Food Authority must remove information about a conviction
for a particular offence from the register of offences as soon as practicable
after it has become aware that--
(a) the conviction has been quashed or
annulled, or
(b) an appeal has been made against the conviction, or
(c) a
period of 2 years has elapsed since the end of the period during which an
appeal could have been made against the conviction, or if an appeal was made
against the conviction, the date on which a final order was made affirming the
conviction.
(3) However, in a case where the Food Authority removes
information from the register of offences because an appeal is made against a
conviction for an offence, the Food Authority may restore information
regarding the offence to the register if it is satisfied that any such appeal
was unsuccessful.
(4) The Food Authority may remove any information about a
conviction for an offence from the register of offences if it is appropriate
in the circumstances to remove the information from the register.
(5) The
Food Authority must remove information about a particular penalty notice from
the register of penalty notices as soon as practicable after it has become
aware that--
(a) the relevant penalty notice was not properly served, or
(b)
the person on whom the notice was served has elected to have the matter dealt
with by a court, or
(c) a decision has been made by the enforcement agency or
other body under the direction of which, or on behalf of whom, the penalty
notice was issued not to enforce the penalty notice, or
(d) a penalty
reminder notice or penalty notice enforcement order in respect of the penalty
notice has been withdrawn under the Fines Act 1996(unless the enforcement
action authorised by the enforcement order is authorised by another penalty
notice enforcement order), or
(e) a penalty notice enforcement order in
respect of the penalty notice has been annulled under the Fines Act 1996 and
the matter has been referred to a court, or
(f) a period of 12 months has
elapsed since the date on which the Food Authority was first authorised to
publish information about the particular penalty notice on the register.
(6)
The Food Authority may remove any information about a particular penalty
notice from the register of penalty notices if it is satisfied it is
appropriate in the circumstances to remove the information from the register
(for example, if the issue of the penalty notice contravened any policy of the
Food Authority relating to enforcement of the Act).
(7) The Food Authority
may remove information from a register on its own initiative or on an
application by a person under this Part.