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The Wine Regulations 2011

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Official functions and enforcementU.K.

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3.—(1) The local authority enforces the European Regulations in relation to retail sale; and in this paragraph “local authority” means—

(a)an authority (other than the council of a non-metropolitan district) that is a food authority for the purposes of the Food Safety Act 1990(1); and

(b)in Northern Ireland, a district council within the meaning of the Interpretation Act (Northern Ireland) 1954(2).

(2) The Secretary of State, general customs officials and the F1...Agency enforce them in relation to import and export.

(3) In relation to Scotland, the reference in paragraph (2) to “The Secretary of State” is to be read as a reference to “The Scottish Ministers”.

(4) In relation to Northern Ireland, the reference in paragraph (2) to “The Secretary of State” is to be read as a reference to “[F2The Department of Agriculture, Environment and Rural Affairs]”.

(5) Otherwise the F3...Agency or the Secretary of State enforce these Regulations and the European Regulations.

(6) In relation to Scotland, the reference in paragraph (5) to “the Secretary of State” is to be read as a reference to “the Scottish Ministers”.

(7) Each of these is referred to as “an enforcement authority”.

(8) In this regulation “general customs official” means a general customs official designated under section 3(1) of the Borders, Citizenship and Immigration Act 2009(3).

[F4(8A) The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.]

(9) Nothing in these Regulations authorises an enforcement authority to bring proceedings in Scotland for an offence.

(2)

1954 c. 33. Section 44 contains a definition of “district council”.

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