Geography Reference
In-Depth Information
(e) Enforcement
Part 3 of the Wine Regulation 2011 deals with enforcement. Section 8 deals
with the powers of search of authorised officers. Section 9 provides that these
search powers will be under a warrant of a Justice of the Peace.
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i. Warning notice
Section 10(1) provides that an authorised officer who believes that a person has
contravened any provision of the European Regulations may serve a notice
under this regulation on the person a 'warning notice'. Section 10(2) requires
that it must:
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(a)
state the provision of the European Regulations that the officer believes
has been breached;
(b)
notify the person that any future breach of that provision by them may
render the person liable to prosecution; and
(c)
give details of the right of appeal against the notice.
ii. Enforcement notice
Section 11(1) provides for the issue of an 'enforcement notice', which is a notice
requiring a person to take specified steps to remedy a contravention, to remedy a
contravention to the fullest extent possible, or to remedy matters making it
likely that a contravention will arise.
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Section 11(2) provides that an authorised officer may serve an enforcement
notice on a person if the officer is of the opinion that the person:
(a)
has contravened regulation 5; or
(b)
has contravened, is contravening or is likely to contravene any provision of
the European Regulations.
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Section 11(3) provides that an enforcement notice must:
(a)
state that the officer is of that opinion;
(b)
specify the matters constituting the contravention or the matters making
it likely that the contravention will arise, as the case may be;
(c)
specify the steps that must be taken to remedy the contravention or to
remedy the matters making it likely that the contravention will arise, as
the case may be;
(d)
specify the period within which those steps must be taken; and
(e)
give details of the right of appeal against the notice.
