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Enforcement of unfair trading law
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14. (1) The regulator shall be responsible for enforcing agri-food unfair trading law.
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(2) In pursuance of its responsibilities under subsection (1) the regulator shall, in particular—
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(a) carry out inspections, including unannounced inspections, of buyers and suppliers,
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(b) investigate suspected breaches of agri-food unfair trading law,
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(c) promote, where appropriate, the use of alternative dispute resolution procedures as a means of resolving disputes between buyers and suppliers,
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(d) bring proceedings for offences under this Act, and
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(e) refer cases to the Director of Public Prosecutions where the regulator believes that an indictable offence under this Act has been committed.
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(3) Without prejudice to the generality of subsection (1), where the regulator finds that a buyer has contravened a provision of Agri-Food Unfair Trading Regulations, it shall use its powers under this Act to require the buyer to bring the prohibited contravention to an end.
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(4) The regulator—
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(a) is hereby designated as the enforcement authority in accordance with Article 4 of the Directive (designated enforcement authorities), and
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(b) shall take any action the regulator considers necessary for the purpose of fulfilling its functions as the enforcement authority.
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(5) In accordance with subsection (4), the regulator shall cooperate with the European Commission and any other enforcement authorities in accordance with Article 8 of the Directive (cooperation amongst enforcement authorities), and, in particular, the regulator shall—
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(a) provide other enforcement authorities with mutual assistance in cross-border investigations,
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(b) participate in the annual meetings of enforcement authorities convened in accordance with Article 8(2) of the Directive and take action for the implementation of recommendations adopted in accordance with that Article,
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(c) assist the Minister with the preparation of reports for the purposes of Article 10(2) of the Directive (reporting), and
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(d) assist the Minister in complying with requests for additional information in accordance with Article 12(3) of the Directive (evaluation).
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(6) In performing its functions under this section the regulator shall cooperate with other authorities (whether in the State or elsewhere) with responsibility for the enforcement of laws relating to supplier protection and the promotion of fairness and transparency in the agricultural and food supply chain.
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(7) A reference in this Act to an “enforcement function” is a reference to a function under this section.
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