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Closure orders.
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53.—(1) Where an authorised officer is of the opinion that there is or is likely to be a grave and immediate danger to public health at, in or on any premises or part thereof or where the authorised officer is unable to establish to his or her satisfaction, due to any obstruction, the level of or the extent to which such a danger, if any, exists, the authorised officer may, following consultations with the chief executive or such other officer of the Authority or an official agency designated in that behalf by the Board, serve, or arrange to have served, on the proprietor or person in charge of the premises a notice (“closure order”) signed by the officer or the chief executive or other officer of the Authority or official agency designated in that behalf by the Board, stating that he or she is of that opinion, and the closure order shall, as appropriate—
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(a) state that the authorised officer is of the opinion that the premises or part thereof to which the order relates should be closed,
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(b) specify the matters which in his or her opinion give or, as the case may be, are likely to give rise to the said risk,
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(c) where in his or her opinion any of those matters involves or, as the case may be, will involve a contravention of any of the food legislation state that he or she is of that opinion, specify the provision or provisions as to which he or she is of that opinion, and give particulars of the reasons why he or she is of that opinion, and
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(d) direct that the premises be closed unless and until the matters specified in the order in pursuance of paragraph (b) and any associated contravention of provisions so specified in pursuance of paragraph (c) have been remedied.
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(2) The Board shall be notified at the next available meeting of the Board of the service of a closure order.
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(3) A closure order shall take effect—
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(a) where the order so declares, immediately the closure order is received by the person on whom it is served,
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(b) in any other case—
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(i) where no appeal is taken against the closure order, on the expiration of the period during which such an appeal may be taken or the day specified in the closure order as the day on which it is to come into effect, whichever is the later, or
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(ii) in case such an appeal is taken, on the day next following the day on which the closure order is confirmed on appeal or the appeal is withdrawn or the day specified in the closure order as that on which it is to come into effect, whichever is the later.
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(4) The bringing of an appeal against a closure order which is to take effect in accordance with subsection (3)(a) shall not have the effect of suspending the operation of the closure order, but the appellant may apply to the court to have the operation of the closure order suspended until the appeal is disposed of and, on such application, the court may, if it thinks proper to do so, direct that the operation of the order be suspended until the appeal is disposed of.
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(5) (a) A person who is aggrieved by a closure order may, within the period of 7 days beginning on the day on which the closure order is served on him or her, appeal against the order to a judge of the District Court in the district court district in which the order was served in the prescribed manner and in determining the appeal the judge may—
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(i) if he or she is satisfied that in the circumstances of the case it is reasonable to do so, confirm the closure order, with or without modification, or
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(ii) cancel the closure order.
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(b) Where on the hearing of an appeal under this section a closure order is confirmed, notwithstanding subsection (4) the judge of the District Court by whom the appeal is heard may, on the application of the appellant, suspend the operation of the closure order for such period as in the circumstances of the case the district judge considers appropriate.
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(6) A person who appeals against a closure order or who applies for a direction suspending the application of the closure order under subsection (4) shall at the same time notify the Authority or official agency of the appeal or the application and the grounds for the appeal or the application and the Authority or official agency shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal or the application.
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(7) The chief executive or other person, being an employee of the Authority or member of the Board, authorised by the Board in this connection, may, for stated reasons, revoke or vary a closure order made in accordance with this section and the Board shall be notified at the next available meeting of the Board of any such revocation or variation and the reasons therefor.
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(8) (a) Where a closure order has been served and activities are carried on in contravention of the order, the High Court may, on the application of an authorised officer, by order prohibit the continuance of the activities and order the closure of the premises.
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(b) An application to the High Court for an order under this subsection shall be by motion and the Court, when considering the matter, may make such interim or interlocutory order (if any) as it considers appropriate and the order by which an application under this subsection is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.
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(9) The chief executive shall, in the interests of public health and consumer protection, make such arrangements as he or she considers appropriate or necessary to bring the contents of a closure order to the attention of the public.
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