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Contents (2003 - 43)
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Food Act 2003 No 43
Current version for 6 January 2017 to date (accessed 1 May 2017 at 04:43)
Part 10A Section 133D
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(d)  a penalty reminder notice or penalty notice enforcement order in respect of the penalty notice has been withdrawn under the Fines Act 1996 (unless the enforcement action authorised by the enforcement order is authorised by another penalty notice enforcement order), or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.