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Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Powers and enforcement - Compliance orders

337: Change or cancellation of interim compliance order or compliance order

You could also call this:

"Changing or cancelling a food safety order that affects you"

Illustration for Food Act 2014

If someone makes an interim compliance order against you without hearing your side, you can apply to the District Court to change or cancel the order. The court will then hear from you and the person who applied for the order. The court can decide to confirm, change, or cancel the interim compliance order. You can also apply to the District Court to change or cancel a compliance order if it affects you directly. When you apply, you must tell the person who applied for the original order and anyone else affected by it within five working days. The court will hear from you, the person who applied for the original order, and anyone else who was affected and wants to be heard. The court can then decide to change or cancel the compliance order, or refuse to do so. The court has the same powers when hearing your application as it did when it heard the original compliance order, as stated in section 334.

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338: Compliance with interim compliance order or compliance order, or

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Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Powers and enforcement: Compliance orders

337Change or cancellation of interim compliance order or compliance order

  1. A person against whom an interim compliance order has been made without the person having been heard may apply to the District Court to change or cancel the order.

  2. The court—

  3. must hear from the person and the applicant for the order; and
    1. may confirm, change, or cancel the interim compliance order.

      1. A person directly affected by a compliance order may apply to the District Court to change or cancel the order.

      2. The applicant under subsection (3) must serve notice of the application—

      3. within 5 working days after making the application; and
        1. on the applicant for the original compliance order (that is, either the chief executive or, as the case may be, the territorial authority concerned); and
          1. on any other person who was directly affected by the original compliance order.

            1. The court must hear—

            2. the applicant under subsection (3); and
              1. the applicant for the original compliance order; and
                1. any other person who—
                  1. was directly affected by the original compliance order; and
                    1. wishes to be heard.

                    2. The court may—

                    3. change or cancel the compliance order; or
                      1. refuse to change or cancel the compliance order.

                        1. The court hearing an application under this section has the same powers under section 334 as the court that heard the original compliance order had under that section.

                        Notes
                        • Section 337(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                        • Section 337(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).