The Fish Labelling Regulations 2013 No. 1768

Regulation 13

SCHEDULE U.K. Application and modification of the Act

PART 1 U.K. General

1.  The following provisions of the Act apply for the purposes of these Regulations with the following modifications— U.K.

Section of the Act	Modification
Section 3 (presumptions that food intended for human consumption) Section 30(8) M1 (which relates to evidence of certificates given by a food analyst or examiner) Section 33 (obstruction etc of officers) Section 44 (protection of officers acting in good faith)	In these sections, for “this Act”, in each place occurring, substitute “[F1 the Fish Labelling Regulations 2013]”
Section 20 (offences due to fault of another person)	For “any of the preceding provisions of this Part”, substitute “ section 10(2), as applied by regulation 7 of [F1 the Fish Labelling Regulations 2013], or regulation 10 or 11 of those Regulations ”
Section 21 M2 (defence of due diligence)	In subsection (1), for “any of the preceding provisions of this Part” substitute “ section 10(2), as applied by regulation 7 of [F1 the Fish Labelling Regulations 2013], or regulation 10 or 11 of those Regulations ” Omit subsections (2) to (4)
Section 29 (procurement of samples)	In paragraph (b)(ii), after “under section 32 below”, insert “ as applied by regulation 13 of, and the Schedule to, [F1 the Fish Labelling Regulations 2013]”
Section 35 M3 (punishment of offences)	In subsection (1), after “section 33(1) above”, insert “ as applied by regulation 13 of, and the Schedule to, [F1 the Fish Labelling Regulations 2013]”
	After subsection (1), insert— “(1A) A person guilty of an offence under section 10(2), as applied by regulation 7 of [F1 the Fish Labelling Regulations 2013], shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.”
	In subsection (2)— (a) for the words “any other offence under this Act”, substitute “ an offence under section 33(2) as applied by regulation 13 of, and the Schedule to, [F1 the Fish Labelling Regulations 2013]”; (b) in paragraph (b), for “the relevant amount” substitute “ the statutory maximum ”
	Omit subsections (3) and (4)
Section 36 (offences by bodies corporate)	For “this Act”, substitute “ section 10(2) as applied by regulation 7 of [F1 the Fish Labelling Regulations 2013] or regulation 10 or 11 of those Regulations ”

Textual Amendments

F1 Words in Sch. para. 1 substituted (13.12.2014) by The Fish Labelling (Amendment) Regulations 2014 (S.I. 2014/3104), regs. 1(1), 2(6)(b)

Marginal Citations

M1 Section 30 was amended by section 40(1) of, and paragraphs 7 and 8 of Schedule 5 to, the Food Standards Act 1999 (c.28).

M2 Section 21 was amended by S.I. 2004/3279.

M3 Section 35 was amended by section 280(2) of, and paragraph 42 of Schedule 26 to, the Criminal Justice Act 2003 (c.44) and S.I. 1996/2235 and 2004/3279.

PART 2 U.K. Powers of entry

2.  For the purpose of enabling an authorised officer of an enforcement authority to ascertain whether there is, or has been, any contravention of a consumer information requirement or a traceability requirement, section 32 of the Act M4 (powers of entry) is modified in its application to these Regulations as follows — U.K.

(a) in subsection (1)(a), after “made under it” insert “ , or of a consumer information requirement or a traceability requirement ”;

(b) after subsection (9), insert—

“(10) In this section, “consumer information requirement” and “traceability requirement” have the meanings given by regulation 6(1) of [F2 the Fish Labelling Regulations 2013].”.

Textual Amendments

F2 Words in Sch. para. 2(b) substituted (13.12.2014) by The Fish Labelling (Amendment) Regulations 2014 (S.I. 2014/3104), regs. 1(1), 2(6)(c)

Marginal Citations

M4 Section 32 was amended by section 70 of, and paragraph 18 of Part 2 of Schedule 2 to, the Criminal Justice and Police Act 2001 (c. 16).