SCHEDULE 5Application and modification of provisions of the Order

Part 2Application and modification of other provisions of the Order

Column 1

Provision of the Order

Column 2

Modifications

Article 2 (4) (extended meaning of “sale” etc.)

For “this Order” substitute “the Caseins and Caseinates Regulations (Northern Ireland) 2016”

Article 3 (application to food offered as prizes, etc.)

For “this Order” substitute “the Caseins and Caseinates Regulations (Northern Ireland) 2016”.

Article 4 (presumptions that food intended for human consumption)

For “this Order” substitute “the Caseins and Caseinates Regulations (Northern Ireland) 2016”.

Article 19 (offences due to fault of another person)

For “any of the preceding provisions of this Part” substitute “Article 9(2) as applied by regulation 8(1) and Schedule 5 of the Casein and Caseinates Regulations (Northern Ireland) 2016”

Article 20(1) and (5) (defence of due diligence)

In paragraph (1) for “any of the preceding provisions of this Part” substitute “Article 9(2), as applied by regulation 8(1) and Schedule 5 of the Caseins and Caseinates Regulations (Northern Ireland) 2016”.

Article 30(8) (which relates to documentary evidence)

After “this Order,” insert “as applied and modified by regulation 8(2) and Schedule 5 of the Caseins and Caseinates Regulations (Northern Ireland) 2016”

Article 34 (obstruction of officers)

In each place occurring in paragraph (1), for “this Order” substitute “the Caseins and Caseinates Regulations (Northern Ireland) 2016”.

Article 36(1) and (2) (punishment of offences)

In paragraph (1), after “Article 34(1)”, insert—

“, as applied and modified by regulation 8(2) and Schedule 5 of the Caseins and Caseinates Regulations (Northern Ireland) 2016.”.

After paragraph (1), insert—

1A

A person guilty of an offence under Article 9(2), as applied by regulation 8(1) of the Caseins and Caseinates Regulations (Northern Ireland) 2016 shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

In paragraph (2)—

  1. a

    for “any other offence under this Order”, substitute “an offence under Article 34(2), as applied by regulation 8(2) and Schedule 5 of the Caseins and Caseinates Regulations (Northern Ireland) 2016”; and

  2. b

    in subparagraph (b), for “the relevant amount”, substitute “the statutory maximum”.

Article 37 (appeals)

For paragraph (1) substitute—

1

Any person who is aggrieved by a decision of an authorised officer to serve an improvement notice under Article 9(1) as applied and modified by regulation 8(1) and Schedule 5 of the Caseins and Caseinates Regulations (Northern Ireland) 2016 may appeal to a court of summary jurisdiction.

Article 38 (appeals against improvement notices)

In both paragraphs (1) and (2) insert “as applied and modified by regulation 8(1) and Schedule 5 of the Caseins and Caseinates Regulations (Northern Ireland) 2016” after “improvement notice”.