PART 7Supplementary and administrative matters

Guidance as to use of fixed monetary penalties

regulation 13 + 13.—(1) Each food authority must publish guidance about its use of the power in paragraph 1 of Schedule 2 (power to impose fixed monetary penalties).

(2) The guidance referred to in paragraph (1) must contain information including (whether or not among other things)—

regulation 13 2 a + (a)the circumstances in which a fixed monetary penalty is likely to be imposed under these Regulations,

regulation 13 2 b + (b)the circumstances in which it may not be imposed,

regulation 13 2 c + (c)the amount of the penalty,

regulation 13 2 d + (d)how liability for the penalty may be discharged and the effect of discharge, and

regulation 13 2 e + (e)a person’s rights to make representations and objections and their rights of appeal.

(3) The food authority must revise the guidance where it considers appropriate.

(4) The food authority must consult with such persons as it considers appropriate before publishing any guidance or revised guidance.

(5) Each food authority must have regard to the guidance or revised guidance in exercising its functions under these Regulations.

Publication of enforcement action

regulation 14 + 14.—(1) Each food authority must from time to time publish a report about the enforcement action it has taken under these Regulations.

(2) The report referred to in paragraph (1) must specify—

regulation 14 2 a + (a)the cases in which a fixed monetary penalty has been imposed, and

regulation 14 2 b + (b)the cases in which liability to the fixed monetary penalty has been discharged by payment of the penalty following the notice of intent and without further action being taken.

(3) In paragraph (2)(a), the reference to cases in which the fixed monetary penalty has been imposed does not include cases where the penalty has been imposed but overturned on appeal.

(4) This regulation does not apply in cases where at the time the report is published—

regulation 14 4 a + (a)the period of 28 days beginning with the day the fixed monetary penalty was imposed has not yet elapsed, or

regulation 14 4 b + (b)an appeal brought in accordance with paragraphs 8 and 9 of Schedule 2 is pending in relation to the fixed monetary penalty.

term the data protection legislation + term personal data + (5) Nothing in this regulation authorises the processing of personal data where doing so would contravene the data protection legislation, and for these purposes “personal data” and “the data protection legislation” have the same meanings as in section 3 of the Data Protection Act 2018(1).

Review

regulation 15 + 15.—(1) In addition to the review carried out under section 67 (review) of the Regulatory Enforcement and Sanctions Act 2008, the Welsh Ministers must from time to time review the regulatory provision contained in these Regulations and publish a report setting out the conclusions of the review.

(2) The first report must be published before the end of the period of 5 years beginning with the day on which these Regulations come into force.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) A report published under this regulation must, in particular—

regulation 15 4 a + (a)set out the objectives intended to be achieved by the regulatory provision in these Regulations,

regulation 15 4 b + (b)assess the extent to which those objectives are achieved,

regulation 15 4 c + (c)assess the extent to which those objectives remain appropriate, and

regulation 15 4 d + (d)if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

term regulatory provision + (5) In this regulation, “regulatory provision” has the same meaning as in section 32 of the Small Business, Enterprise and Employment Act 2015(2).