Legalize / United Kingdom / Northern Ireland / Act of the Northern Ireland Assembly

Food Hygiene Rating Act (Northern Ireland) 2016

Type Act of the Northern Ireland Assembly

Publication 2016-01-29

State In force

Jurisdiction Northern Ireland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Preparation of rating

Food hygiene rating

1

Where a district council has carried out an inspection of a food business establishment in its district, it must rate the food hygiene standards of the establishment on the basis of that inspection.

(2) But the district council need not prepare a rating if it considers that it is not necessary to do so, in light of how long it is since it last did so.

(3) A rating under this section is referred to in this Act as a “food hygiene rating”.

(4) A “food business establishment” is an establishment which—

(a) is required to be registered with a district council under Article 6 of Regulation (EC) 852/2004 or to be approved by a district council under Article 4 of Regulation (EC) 853/2004, and

(b) supplies food direct to consumers.

(5) A reference to carrying out an inspection of a food business establishment is a reference to carrying out an activity in relation to the establishment as part of official controls under Regulation (EU) 2017/625 .

(6) The Department may by regulations specify categories of establishment in relation to which the duty under subsection (1) does not apply.

(7) The Department may by order amend the definition of “food business establishment”.

Notification and publication

2

(1) Within 14 days of carrying out an inspection of a food business establishment, a district council must, if it has prepared a food hygiene rating for the establishment on the basis of that inspection, notify the rating to the operator of the establishment.

(2) “Operator”, in relation to a food business establishment, has the same meaning as “food business operator” has in Regulation (EC) 178/2002 .

(3) The notification must be in writing and must (in so far as the district council has not already provided the operator with the following) be accompanied by—

(a) a sticker showing the rating,

(b) a written statement of the reasons for the rating,

(d) an explanation of the right of appeal under section 3,

(e) an explanation of the right to request a re-rating under section 4,

(f) an explanation of the right of reply under section 5,

(g) an explanation of the effect of section 6 and of the duties under sections 7 and 8, and

(h) such other information as the Department may specify in regulations.

(4) Within 34 days of carrying out an inspection of a food business establishment on the basis of which it prepares a food hygiene rating, a district council—

(a) must inform the Food Standards Agency of the rating, and

(b) if the district council considers that it would not be appropriate to publish the rating, must inform the Food Standards Agency accordingly.

(5) The Food Standards Agency, having been informed of a food hygiene rating under subsection (4), must publish the rating online, unless it has been informed under subsection (4)(b) that publication would not be appropriate; and, if it is required to publish the rating, it must do so no later than 7 days after the end of the appeal period in relation to the rating.

(6) The “end of the appeal period”, in relation to a food hygiene rating, means—

(a) the end of the period within which an appeal against the rating may be made under section 3, or

(b) where an appeal against the rating is made under that section, the end of the day on which the operator of the establishment is notified of the determination on the appeal (or, if the appeal is abandoned, the end of the day on which it is abandoned).

(7) The Department may by regulations prescribe the form or forms of stickers to be provided under subsection (3)(a); and, in the case of each form so prescribed, the regulations must specify whether the cost of producing stickers in that form is to be borne—

(a) by the Food Standards Agency,

(b) by the district council which provides the stickers, or

Appeal, re-rating etc.

Appeal

3

(1) The operator of a food business establishment may appeal against the establishment's food hygiene rating.

(2) The appeal must be made in writing to the district council which produced the rating; but no officer of the council who was involved in the production of the rating, or in the inspection on which the rating is based, may be involved in the determination of the appeal.

(3) The appeal may be made only on the ground that the rating does not reflect the food hygiene standards at the establishment at the time of the inspection on which the rating is based.

(4) The appeal must be made before the end of 21 days beginning with the day on which the operator receives the notification under section 2.

(5) The district council to which the appeal is made must, before the end of 21 days beginning with the day on which it receives the appeal—

(a) determine the appeal, and

(b) notify the operator of its determination.

(6) The notification must be in writing and must be accompanied by—

(a) where the district council has changed the establishment's food hygiene rating on the appeal, a sticker showing the new rating,

(b) a written statement of the reasons for the determination on the appeal,

(d) an explanation of the right of reply under section 5,

(e) an explanation of the effect of section 6 and of the duties under sections 7 and 8, and

(f) such other information as the Department may specify in regulations.

(7) The district council to which the appeal is made must also, before the end of the period under subsection (5)—

(a) inform the Food Standards Agency of its determination on the appeal (or, if the appeal is abandoned, that it has been abandoned), and

(b) if the district council has changed the establishment's food hygiene rating on the appeal but considers that it would not be appropriate to publish the new rating, inform the Food Standards Agency accordingly.

(8) The Food Standards Agency, having been informed under subsection (7)(a) of the determination on the appeal, must, if the rating has been changed on the appeal, publish the new rating online, unless it has been informed under subsection (7)(b) that publication would not be appropriate; and, if it is required to publish the new rating, it must do so within 7 days of having been informed of the determination on the appeal.

(9) A district council may, on an appeal under this section, inspect the food business establishment concerned in so far as the council considers it necessary to do so for the purpose of determining the appeal (and in so far as the operator of the establishment permits it to do so).

(10) In the case of an establishment whose food hygiene rating is changed on an appeal under this section, references in this Act to the establishment's food hygiene rating are to the new rating.

(11) A sticker provided under subsection (6)(a) must be in a form prescribed under section 2(7).

(12) The Department may by order amend this section so as to provide for an appeal under this section to be determined by a person other than the district council which produced the rating in question.

Request for re-rating

4

(1) This section applies where a district council receives a request from the operator of a food business establishment in its district for the council to review the establishment's food hygiene rating.

(2) Within three months of receiving the request, the district council must—

(a) inspect the establishment and review the establishment's food hygiene rating on the basis of that inspection, or

(b) if it does not propose to act under paragraph (a), provide the operator of the establishment with a written explanation of why it does not propose to do so.

(3) Within 14 days of carrying out an inspection under subsection (2), the council must notify the operator of the establishment of its determination on reviewing the establishment's food hygiene rating.

(4) The notification must be in writing and must be accompanied by—

(a) where the district council has changed the establishment's food hygiene rating on the review, a sticker showing the new rating,

(b) a written statement of the reasons for the determination on the review,

(d) an explanation of the right of appeal under section 3,

(e) an explanation of the right to make a further request under this section,

(f) an explanation of the right of reply under section 5,

(g) an explanation of the effect of section 6 and of the duties under sections 7 and 8, and

(h) such other information as the Department may specify in regulations.

(5) Within 34 days of carrying out an inspection under subsection (2), a district council—

(a) must inform the Food Standards Agency of its determination on the review, and

(b) if the district council has changed the establishment's food hygiene rating on the review but considers that it would not be appropriate to publish the new rating, must inform the Food Standards Agency accordingly.

(6) The Food Standards Agency, having been informed under subsection (5)(a) of the determination on the review, must, if the rating has been changed on the review, publish the new rating online, unless it has been informed under subsection (5)(b) that publication would not be appropriate; and, if it is required to publish the new rating, it must do so no later than 7 days after the end of the appeal period in relation to the new rating.

(7) A request under this section must—

(a) be in writing,

(b) include an explanation of the steps taken by the operator to improve compliance with Regulations (EC) 852/2004 and 853/2004 since the inspection on which the food hygiene rating was based was carried out, and

(8) A request under this section may not be made—

(a) before the end of the period within which an appeal against the food hygiene rating in question may be made under section 3;

(b) if an appeal against the rating is made under that section, before the appeal is determined or abandoned.

(9) The matters which a district council may take into account in deciding whether to act under subsection (2)(a) include the extent to which the operator of the establishment is complying with the provisions of this Act.

(10) In the case of an establishment whose food hygiene rating is changed on a review under this section, references in this Act to the establishment's food hygiene rating are to the new rating (and section 3 accordingly applies, with such modifications as are necessary, in relation to a food hygiene rating changed under this section).

(11) A sticker provided under subsection (4)(a) must be in a form prescribed under section 2(7).

(12) The Department may by order amend this section so as to limit, in the case of each food hygiene rating for an establishment, the number of occasions on which the right to request a review of the rating may be exercised.

Right of reply

5

(1) A district council must give the operator of a food business establishment in its district the opportunity to make written representations on the establishment's food hygiene rating (regardless of whether or when the operator appeals against or otherwise challenges the rating).

(2) Where the district council receives representations under subsection (1), it may—

(a) send them to the Food Standards Agency in the form in which it received them,

(b) edit them and send them to the Food Standards Agency in that edited form, or

(3) The Food Standards Agency, within 7 days of receiving representations under subsection (2)(a) or (b), must publish the representations online in the form in which it receives them alongside the food hygiene rating to which they relate.

(4) But where, at the time when the Food Standards Agency receives the representations, it has yet to publish under section 2(5) the rating to which the representations relate, the duty under subsection (3) instead applies as a duty to publish the representations within 7 days of publishing the rating under section 2(5).

(5) The duty under subsection (3) does not apply in a case where, as a result of section 2(4)(b), 3(7)(b) or 4(5)(b), the food hygiene rating to which the representations relate is not published.

(6) Where the district council acts under subsection (2)(b) or (c), it must provide the operator of the food business establishment in question with a written explanation of its reasons for doing so.

Validity of rating and related duties

Validity of rating

6

(1) A food business establishment's food hygiene rating—

(a) becomes valid when it is notified to the operator of the establishment under section 2, 3 or 4 (as the case may be), and

(b) unless it ceases to be valid as a result of subsection (2), continues to be valid until, where there is a new food hygiene rating for the establishment, the end of the appeal period in relation to that new rating.

(2) A food business establishment's food hygiene rating ceases to be valid if—

(a) there is a change of ownership of the establishment,

(b) the establishment ceases trading, or

(c) the establishment is unable to trade, as a result of a hygiene prohibition order, a hygiene emergency prohibition notice or a hygiene emergency prohibition order under the Food Hygiene Regulations (Northern Ireland) 2006 (2006 No.3).

(3) The sticker provided under section 2, 3 or 4 showing a food business establishment's food hygiene rating—

(a) becomes valid as soon as it is received by the operator of the establishment, and

(b) remains valid for as long as the rating to which it relates is valid.

Duty to display rating

7

(1) The operator of a food business establishment must ensure that a valid sticker showing the establishment's food hygiene rating is displayed in the location and manner specified by the Department in regulations for so long as the rating is valid.

(2) Where, as a result of section 6(1)(b), a food business establishment's food hygiene rating continues to be valid during a period in which a new food hygiene rating for the establishment is also valid, the operator may choose which of the two stickers to display for the purposes of subsection (1) during that period.

(3) The Department may by regulations provide that, in the case of a food business establishment which supplies consumers with food which they order by means of an online facility of a specified kind, the operator must ensure that the establishment's food hygiene rating is provided online in the specified manner.

(4) The regulations may, for example, require a food hygiene rating to be provided online by means of a link to the rating in the form in which it is published by the Food Standards Agency under section 2(5).

Duty to provide information about rating

8

(1) The operator of a food business establishment or a relevant employee at the establishment must, on being requested to do so, orally inform the person making the request of the establishment's food hygiene rating.

(2) A “relevant employee” of a food business establishment is a person who—

(a) is employed at the establishment, and

(b) is, in the opinion of the operator of the establishment, likely to be subject to a request of the kind referred to in subsection (1).

Enforcement

Enforcement and powers of entry

9

(1) Each district council must enforce the provisions of this Act in its district.

(2) An authorised officer of a district council may, on producing the officer's authorisation (if required to do so), enter the premises of a food business establishment in its district at any reasonable hour for the purpose of—

(a) ascertaining whether the duty under section 7 or 8 is being complied with, and

(b) if there is evidence that the duty is not being complied with, enforcing the duty.

(3) Where the premises of a food business establishment are also used as a private residence, an officer may not enter a part of the premises in reliance on subsection (2) unless the officer has given the occupier at least 24 hours' notice of the intention to enter.

(4) An “authorised officer” of a district council is an officer authorised by the council in writing, either in general or specific terms, to act in matters arising under this Act.

Offences

10

(1) The operator of a food business establishment commits an offence if, without reasonable excuse, the operator fails to comply with the duty under section 7(1) or a duty in regulations under section 7(3).

(2) The operator of a food business establishment commits an offence if, without reasonable excuse, the operator displays at the establishment a sticker which—

(a) purports to show the establishment's food hygiene rating, but

(b) is not valid.

(3) The operator of a food business establishment commits an offence if, without reasonable excuse, the operator or a relevant employee at the establishment—

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