Food Hygiene Rating (Wales) Act 2013

Legislation Crest

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Food Hygiene Rating (Wales) Act 2013

2013 anaw 2

An Act of the National Assembly for Wales to make provision for the production of food hygiene ratings of food business establishments; the display of information about food hygiene ratings; the enforcement of requirements to display information; and for connected purposes.

[4 March 2013]

Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:

IntroductionE+W

1OverviewE+W

(1)This Act establishes a food hygiene rating scheme for Wales.

(2)The scheme provides for food authorities in Wales to inspect (section 2), and produce food hygiene ratings of (section 3), food business establishments in their areas.

(3)A food hygiene rating is to be produced by scoring the food hygiene standards of an establishment against criteria published by the Food Standards Agency (“FSA”) (sections 3 and 4).

(4)A food business establishment may appeal against its food hygiene rating and comment on it (sections 5 and 11).

(5)A food authority must inform the FSA of the food hygiene rating of an establishment in its area, and the FSA must publish the rating (section 6).

(6)A food business establishment must inform the public of its food hygiene rating (sections 7 and 8).

(7)Failure to inform the public is a criminal offence, punishable by a fine or fixed penalty (section 9, sections 19 to 22 and the Schedule).

(8)A food business establishment may in certain circumstances request a re-rating (section 12).

(9)Powers and responsibilities of food authorities and the FSA, and responsibilities of operators of food business establishments are set out in sections 14 to 16.

Food hygiene inspections and ratingsE+W

2Programme of food hygiene inspectionsE+W

Commencement Information

I1S. 2(1)-(4)(6) in force at 28.11.2013 by S.I. 2013/2617, art. 3(b)

I2S. 2(5) in force for specified purposes at 28.11.2013 by S.I. 2013/2617, art. 3(b)

3 Food hygiene ratingsE+W

Commencement Information

I3S. 3(2)(3)(c)(d)(5) in force for specified purposes at 28.10.2013 by S.I. 2013/2617, art. 2(a)

4Rating criteriaE+W

AppealsE+W

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publication and display arrangementsE+W

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Informing the public about food hygiene ratingsE+W

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8Requests for information about food hygiene ratingsE+W

9OffencesE+W

10Promoting food hygiene ratingsE+W

Safeguards for food businessesE+W

11Right to replyE+W

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13Payment of the costs of a re-ratingE+W

Powers and responsibilitiesE+W

14Duties of Food Standards AgencyE+W

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16Other responsibilities of operators of food business establishmentsE+W

EnforcementE+W

17Power of entryE+W

18Obstruction of authorised officersE+W

19Offences by bodies corporateE+W

20PenaltiesE+W

21Fixed PenaltiesE+W

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous and generalE+W

23GuidanceE+W

The Welsh Ministers may issue guidance—

(a)to the FSA;

(b)to a food authority,

in relation to the exercise of their functions under this Act.

24Amending periods for complying with dutiesE+W

The Welsh Ministers may, by regulations, amend any provision of this Act which specifies a period within which something must be done by substituting a different period.

25InterpretationE+W

(1)In this Act—

  • authorised officer” (“swyddog awdurdodedig”) means an officer authorised in writing by a food authority for the purpose of exercising any of the authority's functions under this Act;

  • food authority” (“awdurdod bwyd”) has the meaning in section 2;

  • food business establishment” (“sefydliad busnes bwyd”) has the meaning in section 2;

  • food hygiene rating” (“sgôr hylendid bwyd”) has the meaning in section 3;

  • operator” (“gweithredwr”) (of a food business establishment) has the meaning in section 2;

  • prescribed” (“a ragnodir”) means prescribed in regulations made by the Welsh Ministers;

  • send” (“anfon”) means send by post or deliver by hand;

  • rating criteria” (“meini prawf sgorio”) has the meaning in section 3;

  • re-rating” (“ailsgoriad”) has the meaning in section 12.

(2)References in this Act to a food hygiene rating sticker include, where the context requires, a reference to more than one sticker.

26RegulationsE+W

(1)Powers to make regulations or orders under this Act are exercisable by statutory instrument.

(2)A power to make an order or regulations under this Act includes power to make such incidental, consequential, transitional or supplemental provision as the Welsh Ministers consider appropriate.

(3)In the case of the power under sections 2(6), 3(2) and 3(5), this provision includes provision amending this Act.

(4)Regulations under sections 2(6), 3(2), 3(5), 5(8), 6(2), 10, 24 and paragraph 3 of the Schedule may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(5)Other regulations made under this Act are subject to annulment pursuant to a resolution of the National Assembly for Wales.

27CommencementE+W

(1)This section comes into force at the end of the period of 2 months beginning with the day on which this Act receives Royal Assent.

(2)The remaining provisions of this Act come into force on a day appointed by order made by the Welsh Ministers.

(3)An order made under this section—

(a)may appoint different days for different purposes (including different days for different categories of food business establishment);

(b)may include such transitional, transitory or savings provision as the Welsh Ministers consider necessary or expedient.

28Short TitleE+W

The short title of this Act is the Food Hygiene Rating (Wales) Act 2013.

(Section 21)

SCHEDULEE+WFIXED PENALTY NOTICES

PART 1 E+WPROCEDURE FOR FIXED PENALTY NOTICES

1E+WA fixed penalty notice may offer the opportunity for a person to pay a penalty of £200 (“the penalty”) within a period of 28 days beginning with the day in which the penalty notice is given.

2E+WA fixed penalty notice may also offer the opportunity for a person to pay a reduced penalty of £150 (“the discounted penalty”) if payment is made within a period of 14 days beginning with the day in which the penalty notice is given.

3E+WThe Welsh Ministers may prescribe a different amount for the penalty or the discounted penalty.

4E+WPayment of the penalty or the discounted penalty may be made by posting a letter containing the amount of the penalty to the person described on the notice at the address so described. Payment is to be regarded as having been made at the time at which the letter would be delivered in the ordinary course of post.

5E+WParagraph 4 does not prevent payment of the penalty being made by any other method.

6E+WIf a food authority considers that a fixed penalty notice given to a person by an authorised officer acting on its behalf ought not to have been given, the food authority must give notice to that person withdrawing the fixed penalty notice.

7E+WIf a fixed penalty notice is withdrawn—

(a)a food authority must repay any amount which has been paid by way of penalty in pursuance of the fixed penalty notice, and

(b)no proceedings may be brought or continued against the person who received the notice for the offence in question.

8E+WIn any proceedings, a certificate which—

(a)purports to be signed by or on behalf of the chief finance officer of a food authority, and

(b)states that payment of a penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

PART 2 E+WFORM AND CONTENT OF FIXED PENALTY NOTICES

9E+WA fixed penalty notice must give particulars of the circumstance alleged to constitute the offence as are necessary to explain why an offence has occurred.

10E+WA fixed penalty notice must also state—

(a)the name and address of the authority on whose behalf the authorised officer was acting when the officer gave the notice;

(b)the amount of the penalty and the period for paying the penalty;

(c)the amount of the discounted penalty and the period for which the discount applies;

(d)the consequences of not paying the penalty before the end of the penalty payment period;

(e)the person to whom and the address at which the penalty or discounted penalty may be paid;

(f)by what method payment may be made;

(g)the person to whom and the address at which any representations relating to the notice may be made.

11E+WA fixed penalty notice must also—

(a)inform the person to whom it is given of his or her right to be tried for the alleged offence, and

(b)explain how that right may be exercised.