The School Milk (Wales) Regulations 2017

Title, commencement and application E+W

1.—(1) The title of these Regulations is the School Milk (Wales) Regulations 2017 and they come into force on 1 August 2017.

(2) These Regulations apply in relation to Wales.

Commencement Information

I1 Reg. 1 in force at 1.8.2017, see reg. 1(1)

Interpretation E+W

2.—(1) In these Regulations—

[F1 “aid” (“cymorth”) means aid granted pursuant to Article 23(1) of the Council Regulation and in accordance with the Commission Delegated Regulation and Commission Implementing Regulation (but see regulation 5(A1));]

“applicant” (“ceisydd”) means an applicant for aid as described in Article 5 of the Commission Delegated Regulation that has been approved in accordance with Article 6 of the Commission Delegated Regulation;

“authorised person” (“person awdurdodedig”) means any person authorised by the Welsh Ministers to act in matters arising under these Regulations or the European Regulations;

“Commission Delegated Regulation” (“Rheoliad Dirprwyedig y Comisiwn”) means Commission Delegated Regulation (EU) 2017/40 of 3 November 2016 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to [F2 aid] for the supply of fruit and vegetables, bananas and milk in educational establishments and amending Commission Delegated Regulation (EU) No 907/2014, as amended from time to time(1);

“Commission Implementing Regulation” (“Rheoliad Gweithredu’r Comisiwn”) means Commission Implementing Regulation (EU) 2017/39 of 3 November 2016 on rules of the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to [F2 aid] for the supply of fruit and vegetables, bananas and milk in educational establishments, as amended from time to time(2);

“cost of supply” (“cost cyflenwi”) in relation to qualifying milk products means the cost of purchase plus an amount which the Welsh Ministers reasonably considers to be sufficient for the purposes of defraying the cost of procuring and administering the supply of those milk products;

“Council Regulation” (“Rheoliad y Cyngor”) means Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007(3) as amended by Regulation (EU) 2016/791 of the European Parliament and of the Council of 11 May 2016 amending Regulations (EU) No 1308/2013 (the Council Regulation) and (EU) No 1306/2013 as regards the aid scheme for the supply of fruit and vegetables, bananas and milk in educational establishments(4), and as amended from time to time;

“eligible pupils” (“disgyblion cymwys”) means pupils receiving education at a qualifying educational establishment and are in reception, year 1 or year 2;

“European Regulations” (“Rheoliadau Ewropeaidd”) means the—

(a)

Council Regulation,

(b)

Commission Delegated Regulation,

(c)

Commission Implementing Regulation;

“Horizontal Implementing Regulation” (“Rheoliad Gweithredu Llorweddol”) means Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance, as amended from time to time(5);

F3 ...

“qualifying educational establishment” (“sefydliad addysgol cymhwysol”) means an educational establishment referred to in Article 22 of the Council Regulation;

“qualifying milk products” (“cynhyrchion llaeth cymhwysol”) means the milk and milk products listed in Article 23(3)(b) and (4)(b) of, and Annex V to the Council Regulation;

“reception” (“blwyddyn derbyn”) means a year group in which the majority of children will, in the school year, attain the age of 5;

“the residual costs” (“y costau gweddilliol”) means the cost of supply, incurred by a purchaser in connection with the supply of qualifying milk products to a qualifying educational establishment, less any [F4 aid] that may be granted in respect of that supply;

“school year” (“blwyddyn ysgol”) in relation to a school, means the period beginning with the first school term to begin after July and ending with the beginning of the first such term to begin after the following July;

F5 ...

“year 1” (“blwyddyn 1”) means a year group in which the majority of children will, in the school year, attain the age of 6;

“year 2” (“blwyddyn 2”) means a year group in which the majority of children will, in the school year, attain the age of 7;

“year group” (“grŵp blwyddyn”) means a group of children at a school the majority of whom will, in a particular school year, attain the same age.

(2) Except where the context otherwise requires, other expressions used in the Regulations have the meaning they bear in the European Regulations.

Textual Amendments

F1 Words in reg. 2(1) inserted (31.12.2020) by The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/732), regs. 1(2), 8(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Word in reg. 2(1) substituted (31.12.2020) by The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/732), regs. 1(2), 8(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 2(1) omitted (31.12.2020) by virtue of The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/732), regs. 1(2), 8(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F4 Word in reg. 2(1) substituted (31.12.2020) by The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/732), regs. 1(2), 8(2)(d); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 2(1) omitted (31.12.2020) by virtue of The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/732), regs. 1(2), 8(2)(e); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I2 Reg. 2 in force at 1.8.2017, see reg. 1(1)

Grant of national aid E+W

F6 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Reg. 3 omitted (31.12.2020) by virtue of The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/732), regs. 1(2), 8(3); 2020 c. 1, Sch. 5 para. 1(1)

[F7 Additional aid for eligible pupils] E+W

4.  Where [F8 aid] is granted in connection with the supply of a qualifying milk product which is either flavoured or unflavoured, whole or semi skimmed milk, to eligible pupils, the amount so granted, may be an amount sufficient to defray the residual costs that would otherwise be borne by such pupils or their parents or guardians in respect of that supply.

Textual Amendments

F7 Reg. 4 heading substituted (31.12.2020) by The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/732), regs. 1(2), 8(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F8 Word in reg. 4 substituted (31.12.2020) by The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/732), regs. 1(2), 8(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I3 Reg. 4 in force at 1.8.2017, see reg. 1(1)

[F9 Withholding and recovery of aid] E+W

5.— [F10 (A1) In this regulation—

(a) “aid” includes—

(i) any aid granted before IP completion day pursuant to Article 23(1) of the Council Regulation as it applied before that day; and

(ii) any aid granted by the Welsh Ministers before IP completion day under regulation 3 of these regulations as it had effect before that day, and

(b) “applicant” is to be construed accordingly.]

(1) Where an applicant has received [F11 aid] to which the applicant was not entitled, or where the applicant is in breach of any commitment given by the applicant as a condition of such [F12 aid], the Welsh Ministers may—.

(a) withhold the whole or any part of such [F11 aid] that they might otherwise have made; or

(b) recover on demand the whole or any part of any such [F11 aid] already made by them.

(2) Before taking action under paragraph (1), the Welsh Ministers must—

(a) give the applicant written reasons for the action the Welsh Ministers propose to take;

(b) afford the applicant the opportunity to make written representations within such time as the Welsh Ministers considers reasonable; and

(c) consider any such representations.

(3) Any money due to the Welsh Ministers under or by virtue of these Regulations is recoverable as a debt.

Textual Amendments

F9 Reg. 5 heading substituted (31.12.2020) by The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/732), regs. 1(2), 8(5)(c); 2020 c. 1, Sch. 5 para. 1(1)

F10 Reg. 5(A1) inserted (31.12.2020) by The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/732), regs. 1(2), 8(5)(a)(as amended by The Food and Rural Affairs (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1308), regs. 1(2), 3(5)); 2020 c. 1, Sch. 5 para. 1(1)

F11 Word in reg. 5(1) substituted (31.12.2020) by The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/732), regs. 1(2), 8(5)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F12 Word in reg. 5(1) substituted (31.12.2020) by The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/732), regs. 1(2), 8(5)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I4 Reg. 5 in force at 1.8.2017, see reg. 1(1)

Interest E+W

6.  Interest may be charged in respect of each day of the period referred to in Article 7(2) of the Horizontal Implementing Regulation and for this purpose the rate of interest applicable on any day is one percentage point above the sterling three month London interbank offered rate (LIBOR) on the first working day of each calendar month.

Commencement Information

I5 Reg. 6 in force at 1.8.2017, see reg. 1(1)

Powers of entry E+W

7.—(1) An authorised person may exercise any of the powers specified in this regulation and regulation 8 for the purposes of enforcing these Regulations or the European Regulations.

(2) An authorised person, on producing, if so required, a duly authenticated document showing that person’s authority, may at any reasonable hour enter any land or premises other than premises used wholly or mainly as a private dwelling.

(3) Paragraph (2) does not affect any right of entry conferred by a warrant issued in accordance with paragraph (4).

(4) A justice of the peace may by signed warrant permit an authorised person to enter any land or premises, if necessary by reasonable force, if the justice, sworn on information in writing, is satisfied that—

(a) there are reasonable grounds for an authorised person to enter the land or premises for the purpose mentioned in paragraph (1); and

(b) one of the conditions in paragraph (5) is met.

(5) The conditions are that—

(a) entry to the land or premises has been refused, or is likely to be refused, and—

(i) notice of the intention to apply for a warrant has been served on the occupier, or

(ii) no such notice has been served on the occupier because serving such a notice would interfere with the purpose or effectiveness of the entry;

(b) entry is required urgently; or

(c) the premises are unoccupied or the occupier is temporarily absent.

(6) A warrant is valid for three months.

(7) An authorised person entering any land or premises by virtue of this regulation may be accompanied by—

F13 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) such other persons as the authorised person considers necessary.

(8) An authorised person who enters any unoccupied premises must leave them as effectively secured as they were before entry.

Textual Amendments

F13 Reg. 7(7)(a) omitted (31.12.2020) by virtue of The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/732), regs. 1(2), 8(6); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I6 Reg. 7 in force at 1.8.2017, see reg. 1(1)

Powers of inspection etc. E+W

8.—(1) An authorised person who has entered any land or premises in exercise of a power conferred by regulation 7 may—

(a) carry out any inquiries, checks, examinations, measurements and tests;

(b) take samples;

(c) inspect all or any part of the premises;

(d) have access to, inspect, copy and print any documents or records (in whatever form they are held) or remove such documents to enable them to be copied or retained as evidence;

(e) have access to, inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the documents or records;

(f) take a photograph of, or record in digital form, anything on the premises;

(g) remove anything reasonably believed to be evidence of any non-compliance.

(2) An authorised person who enters any land or premises under a power under other legislation may exercise any of the powers specified in this regulation for the purposes of enforcing these Regulations.

(3) Paragraph (1) applies in relation to a person referred to in regulation 7(7)(b) when such person is acting under the instructions of an authorised person, as if such person were an authorised person.

Commencement Information

I7 Reg. 8 in force at 1.8.2017, see reg. 1(1)

Amendment to the Common Agricultural Policy Non-IACS Support Schemes (Appeals) (Wales) Regulations 2004 E+W

F14 9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Reg. 9 omitted (31.12.2020) by virtue of The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/732), regs. 1(2), 8(7); 2020 c. 1, Sch. 5 para. 1(1)

Revocations E+W

10.  The following Regulations are revoked—

(a) the School Milk (Wales) Regulations 2008(6);

(b) the School Milk (Wales) (Amendment) Regulations 2009(7).

Commencement Information

I8 Reg. 10 in force at 1.8.2017, see reg. 1(1)

Kirsty Williams

Cabinet Secretary for Education, one of the Welsh Ministers