FOOD ACT 1984 - SECT 59C Cost recovery in respect of failure to comply with direction or notice

FOOD ACT 1984 - SECT 59C

    (1)     This section applies if a person fails to comply with—

S. 59C(1)(a) amended by No. 42/2009 s. 31.

        (a)     a direction under Part III; or

        (b)     an order under Part VII.

    (2)     If this section applies, the Secretary or the council or a person authorised by the Secretary or the council may take the actions necessary to ensure as far as is possible compliance with the direction.

    (3)     If this section applies, the Secretary or a person authorised by the Secretary may take the actions necessary to ensure as far as is possible compliance with the order.

    (4)     An authorisation under subsection (2) or (3) authorises the person to take the actions necessary to ensure as far as is possible compliance with the direction or order.

    (5)     Without limiting the generality of subsection (2) or (3), actions necessary to ensure as far as is possible compliance with the direction or order include—

        (a)     entering onto any relevant land;

        (b)     executing or performing any action which is necessary to give effect to the direction or order.

    (6)     Any reasonable costs incurred under subsection (2) or (3) are a debt payable to the Secretary or the council by the person given the direction or order.

    (7)     Any reasonable costs incurred under subsection (2) or (3) in relation to any premises—

        (a)     are until recovered a charge on the relevant land; and

        (b)     may at any time be recovered by the Secretary or the council in a court of competent jurisdiction—

              (i)     from the owner of the relevant land for the time being; or

              (ii)     after demand from the occupier of the relevant land, from the rent, to the extent of the amount of rent due at the time of demand from the occupier to the owner.

    (8)     In this section, "reasonable costs" means—

        (a)     the costs and expenses of taking the actions necessary to ensure as far as is possible compliance with the direction or order; and

        (b)     all other costs and expenses lawfully incurred by the Secretary or the council in respect of any premises whether or not any judgment or order has been obtained; and

        (c)     interest at the percentage rate per annum fixed in accordance with section 2 of the Penalty Interest Rates Act 1983 .

Pt 10 (Heading and ss 60-62), amended by Nos 10262 s. 4, 12/1989 s. 4(1)(Sch. 2 item 47.10) (as amended by No. 13/1990 s. 38(1)(o)(r)), 125/1993 s. 20(5)(e), 13/1994

s. 15(1)(a)–(d)(2), 23/1994 s. 118(Sch. 1 item 21.2), 59/1996

s. 10(Sch. 2 item 7), substituted as Pt 10 (Heading and ss 60– 60I) by No. 98/1997 s. 13.

Part X—Food Safety Council

S. 60 substituted by No. 98/1997 s. 13.