Agricultural and Food Supply Chain Act 2023

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Compliance notice

78. (1) This section applies where an authorised officer is satisfied that a buyer has, in relation to a supplier, contravened—

(a) a provision of Agri-Food Unfair Trading Regulations, or

(b) a penal provision of regulations made under section 80 .

(2) The authorised officer may serve a notice (a “compliance notice”) on the buyer.

(3) A compliance notice shall be addressed to the person concerned by name and may be served on or given to the person—

(a) by giving it to the person, or an employee, servant or agent,

(b) by leaving it at the address at which the person ordinarily resides, normally carries out business, or, if an address for service has been furnished, at that address,

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, if an address for service has been furnished, to that address,

(d) if the address at which the person ordinarily resides cannot be ascertained by reasonable enquiry and the compliance notice relates to a premises, by delivering it to the premises or by affixing it in a conspicuous position on or near the premises,

(e) by sending it by means of electronic mail to a device or facility for the reception of electronic mail where such an electronic mail address has been furnished by the person, but only if the sender’s facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail confirming successful transmission of the notification, notice or document.

(4) If a compliance notice is to be served on or given to a person who is the owner or occupier of a premises and the name of the person cannot be ascertained by reasonable enquiry, it may be addressed to the person by using the words “the owner” or “the occupier”.

(5) It is an offence for a person without reasonable excuse to remove, damage or deface a notice affixed under subsection (3)(d) during the period of 6 months beginning with the date on which it is affixed.

(6) For the purposes of this section—

(a) a company within the meaning of the Act of 2014 is considered to be ordinarily resident at its registered office, and

(b) every other body corporate or unincorporated body is considered to be ordinarily resident at its principal office or place of business.

(7) A compliance notice shall—

(a) state the grounds for the authorised officer’s being satisfied that there has been a contravention,

(b) specify a date by which the buyer is required to take, or refrain from taking, specified action, for the purpose of ensuring compliance by the buyer with a provision mentioned in subsection (1), and

(c) contain information about the right of an appeal against the notice and the manner in which appeals shall be brought.

(8) The date specified under subsection (7)(b) shall not be on or before the last date for an appeal.

(9) A person who fails to comply with a compliance notice by the specified date shall be guilty of an offence.

(10) If the authorised officer is satisfied that the buyer has complied with a compliance notice, the authorised officer shall serve a notice in writing to that effect on the buyer (but a notice under this subsection does not prevent the authorised officer from exercising a power under this Act in relation to the buyer at any time).

(11) An authorised officer may by notice in writing at any time—

(a) withdraw a compliance notice, or

(b) postpone the date under subsection (7)(b).

(12) The buyer on whom a compliance notice is served may appeal to a judge of the Circuit Court in the circuit court area in which the notice was served and—

(a) an appeal shall be brought not later than 14 days after the date of service of the compliance notice,

(b) the bringing of an appeal suspends the compliance notice,

(c) at the same time as bringing the appeal the buyer shall notify the regulator of the appeal and the grounds of appeal,

(d) the regulator and the buyer are each entitled to be heard, and to adduce evidence, at the hearing of the appeal,

(e) the judge shall—

(i) affirm the compliance notice,

(ii) withdraw the compliance notice, or

(iii) withdraw the compliance notice and require the buyer to comply with directions given by the Circuit Court,

and

(f) affirmation of the compliance notice revives it, with the substitution for the date specified under subsection (7)(b) of the day falling immediately after the end of the period of 14 days beginning with the date on which the notice is affirmed.

(13) This section does not prevent or restrict—

(a) any entitlement to bring proceedings by or under this Act for the purpose of securing compliance with a provision of this Act or regulations under it, or

(b) proceedings for an offence under this Act.