The Food Hygiene Rating (Transitional Provisions) Order (Northern Ireland) 2016

Made: 13th September 2016

Coming into operation: 7th October 2016

The Department of Health[^f00001], in exercise of the powers conferred by section 18(1) to (3) and 19(1) of the Food Hygiene Rating Act (Northern Ireland) 2016[^f00002], makes the following Order.

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Food Hygiene Rating (Transitional Provisions) Order (Northern Ireland) 2016 and comes into operation on 7th October 2016.

• (2) In this Order—

• “the Act” means the Food Hygiene Rating Act (Northern Ireland) 2016;

• “existing rating” means a rating prepared by a district council pursuant to an inspection of a food business establishment as part of official controls under Regulation (EC) 882/2004 of the European Parliament and of the Council of 29th April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and welfare rules[^f00003] undertaken prior to the commencement of the Act.

Existing rating

2

• (1) A district council may treat an existing rating as the food hygiene rating for the purposes of section 1 of the Act.

• (2) Where a district council decides to treat an existing rating as the food hygiene rating in accordance with paragraph (1) it must notify the operator of that food business establishment within 14 days from the date of the decision to do so.

• (3) Prior to 7th October 2017 a district council must either—

• (a) notify a food business establishment under paragraph (2); or

• (b) prepare a food hygiene rating for that food business establishment under section 1 of the Act.

• (4) Where a district council has notified the operator of a food business under paragraph (2), the notification must be accompanied by—

• (a) a sticker in the format required by regulation 4 of the Food Hygiene Rating Regulations (Northern Ireland) 2016[^f00004], showing the rating; and

• (b) the explanations required by section 2(3)(d)–(g) of the Act.

Signed

Sealed with the Official Seal of the Department of Health on 13th September 2016.

Anne Kilgallen — A senior officer of the Department of Health

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order provides transitional provisions to allow district councils, to treat an existing food hygiene rating as a food hygiene rating under section 1 of the Food Hygiene Rating Act (Northern Ireland) 2016. The Order requires district councils to notify the operator of the food business establishment and provide a sticker and information within 14 days.

Footnotes

[^f00001]: Formerly the Department of Health Social Services and Public Safety; see 2016 c.5 (N.I.), section 1

[^f00002]: 2016 c.3 (N.I.)

[^f00003]: O.J. L 165, 30.4.2004 p.1 last amended by Regulation (EU) No 652/2014 (O.J. L. 189 27.6.2014 p.1

[^f00004]: S.R 2016 No. 313