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The Meat (Hygiene and Inspection) (Charges) (Amendment) (No.2) (Wales) Regulations 2001

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Welsh Statutory Instruments

2001 No. 3831 (W.317)

FOOD, WALES

The Meat (Hygiene and Inspection) (Charges) (Amendment) (No.2) (Wales) Regulations 2001

Made

29th November 2001

Coming into force

18th December 2001

In exercise of the powers conferred by sections 17(1), 45 and 48(1) of the Food Safety Act 1990(1) which are now exercisable in relation to Wales by the National Assembly for Wales(2), after consultation in accordance with section 48(4) of that Act with such organisations as appear to be representative of interests likely to be substantially affected by these Regulations; and (in so far as these Regulations impose charges in relation to the monitoring of the requirements of the Welfare of Animals (Slaughter or Killing) Regulations 1995(3)), being designated(4) for the purposes of section 2(2) of the European Communities Act 1972 (5) in relation to the common agricultural policy of the European Community,the National Assembly for Wales makes the following Regulations:

Title, application and commencement

1.  These Regulations, which may be cited as the Meat (Hygiene and Inspection) (Charges) (Amendment) (No.2) (Wales) Regulations 2001, shall apply to Wales only and shall come into force on 18th December 2001

Amendments to the Meat (Hygiene and Inspection)(Charges) Regulations 1998

2.—(1) In so far as they extend to Wales, the Meat (Hygiene and Inspection) (Charges) Regulations 1998(6) are amended in accordance with the following paragraphs of this regulation.

(2) In the definition of “occupier” in paragraph (1) of regulation 2 (interpretation) the words “, cold store or a re-packaging centre,” are substituted for the words “or a cold store,”.

(3) In the definition of “premises” in paragraph (1) of regulation 2 the words “, cold store or re-packaging centre” are substituted for the words “or cold store”.

(4) In the table in paragraph (2) of regulation 2 the words “re-packaging centre” are inserted below the words “cold store” in each of columns (1) and (2).

(5) In paragraph (1) of regulation 3 (charges) the words “slaughterhouse, cutting premises, cold store and repackaging centre” are substituted for the words “slaughterhouse, cutting premises and cold store”.

(6) The following regulation is inserted between regulation 3 and regulation 4 (information)—

Withdrawal of inspections

3A.  Where the Food Standards Agency has had judgment entered against an occupier for any sum which is recoverable by the Food Standards Agency as a debt from that occupier under regulation 3(4) above and the occupier fails within a reasonable time thereafter to satisfy the judgment the Food Standards Agency may (regardless of any other legal remedy open to it) refuse to carry out any further inspections at the premises in respect of which the debt accrued until the judgment has been satisfied..

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(7).

D. Elis-Thomas

The Presiding Officer of the National Assembly

29th November 2001

Explanatory Note

(This note does not form part of the Regulations)

1.  These Regulations, which apply to Wales only, amend the Meat (Hygiene and Inspection)(Charges) Regulations 1998 (SI 1998/2095) in their application to Wales. Those Regulations implemented in Great Britain the provisions relating to charges for meat inspections of Council Directive 85/73/EEC, an amended and consolidated text of which is annexed to Council Directive 96/43/EC (OJ No. L162, 1.7.96, p.1).

2.  The amendments have effect to permit charges to be made for the carrying out of health inspections at re-packaging centres (as defined in regulation 2(1) of the Fresh Meat (Hygiene and Inspection) Regulations 1995 (SI 1995/539, as amended)).

3.  The amendments also allow the Food Standards Agency to withdraw inspection services where the occupier of licensed premises fails to comply with a court order requiring payment of inspection charges for which the occupier is liable under SI 1998/2095.

4.  A regulatory appraisal pursuant to section 65 of the Government of Wales Act 1998 has been prepared in respect of these Regulations and placed in the library of the National Assembly for Wales. Copies may be obtained from the Food Standards Agency, 1st Floor, Southgate House, Wood Street Cardiff CF 10 1EW.

(1)

1990 c. 16. Functions of “the Ministers” so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by S.I 1999/672.

(2)

The National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

(3)

S.I 1998/2095, amended by S.I. 2000/224; relevant amendments are also made by S.I. 2000/656.

(4)

S.I. 1999/2788

(6)

S.I. 1998/2095, amended by S.I. 2000/224; relevant amendments are also made by S.I. 2000/656.

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