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The Jam and Similar Products (Wales) Regulations 2018

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Regulations 2 to 8

SCHEDULE 1Regulated products

PART 1List of products

Column 1

Product name in English

Column 2

Product name in Welsh

Column 3

Part of this Schedule containing the specification for the product

Part 1
JamJamPart 2
Extra jamJam ecstraPart 3
JellyJeliPart 4
Extra jellyJeli ecstraPart 5
MarmaladeMarmalêdPart 6
Jelly marmaladeMarmalêd jeliPart 7
Sweetened chestnut puréePiwrî castan a felyswydPart 8
Part 2
“X” curdCeuled “X”Part 9
Lemon cheeseCeuled lemonPart 10
“Y” flavour curdCeuled blas “Y”Part 11
MincemeatBriwfwydPart 12

PART 2Jam

1.  Jam is a mixture, brought to a suitable gelled consistency, of—

(a)sugar;

(b)fruit pulp, or fruit purée, or both fruit pulp and fruit purée, of one or more kinds of fruit; and

(c)water.

2.  Notwithstanding paragraph 1(a), a permitted sweetener may be used in the manufacture of jam either wholly or partially as a replacement for sugar.

3.  Notwithstanding paragraph 1(b), citrus jam may be obtained from the whole fruit, cut into strips, sliced or cut into strips and sliced.

4.  The quantity of fruit pulp, or fruit purée, or both, used for every 1,000 grams of the finished product must not be less than—

(a)250 grams in the case of any of the following—

(i)redcurrants;

(ii)rowanberries,

(iii)sea buckthorns;

(iv)blackcurrants;

(v)rosehips;

(vi)quinces;

(b)150 grams in the case of ginger;

(c)160 grams in the case of cashew apples;

(d)60 grams in the case of passion fruit; and

(e)350 grams in the case of any other fruit.

5.  As well as the ingredients mentioned in paragraphs 1 to 3, the product may contain any of the following—

(a)an authorised additional ingredient, which, where there are restrictions in Schedule 2 relating to its use, is used as specified in Schedule 2;

(b)citrus fruit juice, in a product obtained from other kinds of fruit;

(c)red fruit juice, in a product manufactured from any of the following fruits—

(i)rosehips;

(ii)strawberries;

(iii)raspberries;

(iv)gooseberries;

(v)redcurrants;

(vi)plums;

(vii)rhubarb;

(d)red beetroot juice, in a product manufactured from any of the following fruits—

(i)strawberries;

(ii)raspberries;

(iii)gooseberries;

(iv)redcurrants;

(v)plums;

(e)other fruit juice;

(f)citrus peel;

(g)leaves of Pelargonium odoratissimum, in a product made from quince.

6.  Any raw materials used to manufacture the product in accordance with this Part that are mentioned in Schedule 3 must not have been treated except using an authorised treatment.

7.  The product must have a soluble dry matter content of 60% or more as determined by refractometer at 20°C except for—

(a)a product in respect of which sugar has been wholly or partially replaced by a permitted sweetener; and

(b)a product in respect of which a reduced sugar claim is made in accordance with the conditions laid down in Regulation (EC) No 1924/2006.

PART 3Extra jam

8.  Extra jam is a mixture, brought to a suitable gelled consistency, of—

(a)in the case of rosehip extra jam—

(i)sugar;

(ii)the unconcentrated purée of that fruit, or a mixture of the unconcentrated pulp and purée of that fruit; and

(iii)water;

(b)in the case of seedless raspberry, blackberry, blackcurrant, blueberry and redcurrant extra jam—

(i)sugar;

(ii)the unconcentrated purée of that fruit, or a mixture of the unconcentrated pulp and purée of that fruit; and

(iii)water;

(c)in other cases—

(i)sugar;

(ii)the unconcentrated pulp of one or more kinds of fruit; and

(iii)water.

9.  Notwithstanding sub-paragraphs (a)(i), (b)(i) and (c)(i) of paragraph 8, a permitted sweetener may be used in the manufacture of extra jam either wholly or partially as a replacement for sugar.

10.  Notwithstanding paragraph 8(c)(ii), citrus extra jam may be obtained from the whole fruit, cut into strips, sliced or cut into strips and sliced.

11.  The following fruits must not be mixed with other fruits in the manufacture of extra jam—

(a)apples;

(b)pears;

(c)clingstone plums;

(d)melons;

(e)watermelons;

(f)grapes;

(g)pumpkins;

(h)cucumbers;

(i)tomatoes.

12.  The quantity of fruit pulp (or fruit purée, or fruit purée and fruit pulp, in the case of a product to which paragraph 8(a) or (b) applies) used to manufacture 1,000 grams of the finished product must not be less than—

(a)350 grams in the case of any of the following—

(i)redcurrants;

(ii)rowanberries;

(iii)sea buckthorns;

(iv)blackcurrants;

(v)rosehips;

(vi)quinces;

(b)250 grams in the case of ginger;

(c)230 grams in the case of cashew apples;

(d)80 grams in the case of passion fruit; and

(e)450 grams in the case of any other fruit.

13.  As well as the ingredients mentioned in paragraphs 8 to 10, the product may contain any of the following—

(a)an authorised additional ingredient, which, where there are restrictions in Schedule 2 relating to its use, is used as specified in Schedule 2;

(b)citrus fruit juice, in a product obtained from other kinds of fruit;

(c)red fruit juices, in a product manufactured from any of the following fruits—

(i)rosehips;

(ii)strawberries;

(iii)raspberries;

(iv)gooseberries;

(v)redcurrants;

(vi)plums;

(vii)rhubarb;

(d)citrus peel;

(e)leaves of Pelargonium odoratissimum, in a product made from quince.

14.  Any raw materials used to manufacture the product in accordance with this Part that are mentioned in Schedule 3 must not have been treated except using an authorised treatment.

15.  The product must have a soluble dry matter content of 60% or more as determined by refractometer at 20°C except for—

(a)a product in respect of which sugar has been wholly or partially replaced by a permitted sweetener; and

(b)a product in respect of which a reduced sugar claim is made in accordance with the conditions laid down in Regulation (EC) No 1924/2006.

PART 4Jelly

16.  Jelly is an appropriately gelled mixture of—

(a)sugar and juice of one or more kinds of fruit;

(b)sugar and aqueous extract of one or more kinds of fruit; or

(c)sugar and fruit juice of one or more kinds of fruit and aqueous extract of one or more kinds of fruit.

17.  Notwithstanding sub-paragraphs (a), (b) and (c) of paragraph 16, a permitted sweetener may be used in the manufacture of jelly either wholly or partially as a replacement for sugar.

18.  The quantity of fruit juice, or aqueous extract of fruit, or both, used for the manufacture of every 1,000 grams of the finished product must not be less than—

(a)250 grams in the case of any of the following—

(i)redcurrants;

(ii)rowanberries;

(iii)sea buckthorns;

(iv)blackcurrants;

(v)rosehips;

(vi)quinces;

(b)150 grams in the case of ginger;

(c)160 grams in the case of cashew apples;

(d)60 grams in the case of passion fruit; and

(e)350 grams in the case of any other fruit.

19.  Where aqueous extract of fruit is used in the manufacture of the product, the quantities specified in paragraph 18 must be calculated after deduction of the weight of water used in preparing the aqueous extracts.

20.  As well as the ingredients mentioned in paragraphs 16 and 17, the product may contain any of the following—

(a)an authorised additional ingredient, which, where there are restrictions in Schedule 2 relating to its use, is used as specified in Schedule 2;

(b)citrus fruit juice, in a product obtained from other kinds of fruit;

(c)red beetroot juice, in a product manufactured from one or more of the following fruits—

(i)strawberries;

(ii)raspberries;

(iii)gooseberries;

(iv)redcurrants;

(v)plums;

(d)citrus peel;

(e)leaves of Pelargonium odoratissimum, in a product made from quince.

21.  Any raw materials used to manufacture the product in accordance with this Part that are mentioned in Schedule 3 must not have been treated except using an authorised treatment.

22.  The product must have a soluble dry matter content of 60% or more as determined by refractometer at 20°C except for—

(a)a product in respect of which sugar has been wholly or partially replaced by a permitted sweetener; and

(b)a product in respect of which a reduced sugar claim is made in accordance with the conditions laid down in Regulation (EC) No 1924/2006.

PART 5Extra jelly

23.  Extra jelly is an appropriately gelled mixture of—

(a)sugar and fruit juice;

(b)sugar and aqueous extract of fruit; or

(c)sugar and both fruit juice and aqueous extract of fruit.

24.  Notwithstanding sub-paragraphs (a), (b) and (c) of paragraph 23, a permitted sweetener may be used in the manufacture of extra jelly either wholly or partially as a replacement for sugar.

25.  The following fruits must not be mixed with any other fruits in the manufacture of the product—

(a)apples;

(b)pears;

(c)clingstone plums;

(d)melons;

(e)watermelons;

(f)grapes;

(g)pumpkins;

(h)cucumbers;

(i)tomatoes.

26.  The quantity of fruit juice, or aqueous extract of fruit, or both, used for the manufacture of every 1,000 grams of the finished product must not be less than—

(a)350 grams in the case of any of the following—

(i)redcurrants;

(ii)rowanberries;

(iii)sea buckthorns;

(iv)blackcurrants;

(v)rosehips;

(vi)quinces;

(b)250 grams in the case of ginger;

(c)230 grams in the case of cashew apples;

(d)80 grams in the case of passion fruit; and

(e)450 grams in the case of any other fruit.

27.  Where aqueous extract of fruit is used in the manufacture of the product, the quantities in sub-paragraphs (a) to (e) of paragraph 26 must be calculated after the deduction of the weight of water used in preparing the aqueous extract.

28.  As well as the ingredients mentioned in paragraphs 23 and 24, the product may contain any of the following—

(a)an authorised additional ingredient, which, where there are restrictions in Schedule 2 relating to its use, is used as specified in Schedule 2;

(b)citrus fruit juice, in a product obtained from other kinds of fruit;

(c)citrus peel;

(d)leaves of Pelargonium odoratissimum, in a product made from quince.

29.  Any raw materials used to manufacture the product in accordance with this Part that are mentioned in Schedule 3 must not have been treated except using an authorised treatment.

30.  The product must have a soluble dry matter content of 60% or more as determined by refractometer at 20°C except for—

(a)a product in respect of which sugar has been wholly or partially replaced by a permitted sweetener; and

(b)a product in respect of which a reduced sugar claim is made in accordance with the conditions laid down in Regulation (EC) No 1924/2006.

PART 6Marmalade

31.  Marmalade is a mixture, brought to a suitable gelled consistency, of—

(a)water;

(b)sugar; and

(c)fruit pulp, fruit purée, fruit juice, fruit peel or aqueous extract of fruit, or any combination thereof, in every case obtained from citrus fruit.

32.  Notwithstanding paragraph 31(b), a permitted sweetener may be used in the manufacture of marmalade either wholly or partially as a replacement for sugar.

33.  The quantity of citrus fruit used for the manufacture of every 1,000 grams of the finished product must not be less than 200 grams, of which not less than 75 grams must be obtained from the endocarp.

34.  As well as the ingredients mentioned in paragraphs 31 and 32, the product may contain any of the following—

(a)an authorised additional ingredient, which, where there are restrictions in Schedule 2 relating to its use, is used as specified in Schedule 2;

(b)essential oils of citrus fruits.

35.  Any raw materials used to manufacture the product in accordance with this Part that are mentioned in Schedule 3 must not have been treated except using an authorised treatment.

36.  The product must have a soluble dry matter content of 60% or more as determined by refractometer at 20°C except for—

(a)a product in respect of which sugar has been wholly or partially replaced by a permitted sweetener; and

(b)a product in respect of which a reduced sugar claim is made in accordance with the conditions laid down in Regulation (EC) No 1924/2006.

PART 7Jelly marmalade

37.  Jelly marmalade complies with all of the requirements for marmalade in Part 6 but it contains no insoluble matter except that it may contain small quantities of finely sliced peel.

PART 8Sweetened chestnut purée

38.  Sweetened chestnut purée is a mixture, brought to a suitable consistency, of water, sugar and puréed chestnuts.

39.  Notwithstanding paragraph 38, a permitted sweetener may be used in the manufacture of sweetened chestnut purée either wholly or partially as a replacement for sugar.

40.  Not less than 380 grams of puréed chestnuts must be used for the manufacture of every 1,000 grams of the finished product.

41.  As well as the ingredients mentioned in paragraphs 38 and 39, the product may contain an authorised additional ingredient provided that, where there are restrictions in Schedule 2 relating to the use of that additional ingredient, it is used as specified in Schedule 2.

42.  Any raw materials used to manufacture the product in accordance with this Part that are mentioned in Schedule 3 must not have been treated except using an authorised treatment.

43.  The product must have a soluble dry matter content of 60% or more as determined by refractometer at 20°C except for—

(a)a product in respect of which sugar has been wholly or partially replaced by a permitted sweetener; and

(b)a product in respect of which a reduced sugar claim is made in accordance with the conditions laid down in Regulation (EC) No 1924/2006.

44.  In this Part “chestnuts” (“castan”) means the fruit of the sweet chestnut tree (Castanea sativa).

PART 9“X” curd

45.  “X” curd is an emulsion of—

(a)edible fat or oil (or both);

(b)sugar;

(c)whole egg or egg yolk (or both); and

(d)fruit, fruit pulp, fruit purée, fruit juice, aqueous extract of fruit or essential oils of fruit or any combination of them.

46.  Notwithstanding paragraph 45(b), a permitted sweetener may be used in “X” curd either wholly or partially as a replacement for sugar.

47.  Apart from the ingredients specified in paragraph 45(d) no other flavouring material may be used in “X” curd to impart the taste or odour (or both the taste and odour) of a fruit.

48.  As well as the ingredients mentioned in paragraphs 45 and 46, the product may, subject to paragraph 47, contain any other edible ingredients.

49.  The quantity of fat or oil (or both) used for every 1,000 grams of the finished product must not be less than 40 grams.

50.  Not less than 6.5 grams of egg yolk solids (whether derived from a whole egg ingredient, an egg yolk or both) must be used for every 1,000 grams of the finished product.

51.  The quantity of fruit, fruit pulp, fruit purée, fruit juice, aqueous extract of fruit and essential oil of fruit used must be sufficient to characterise the finished product.

52.  The product must have a soluble dry matter content of 65% or more as determined by refractometer at 20°C except for—

(a)a product in respect of which sugar has been wholly or partially replaced by a permitted sweetener; and

(b)a product in respect of which a reduced sugar claim is made in accordance with the conditions laid down in Regulation (EC) No 1924/2006.

53.  This Part is to be read as if for “X” there were substituted—

(a)the name of a particular kind or kinds of fruit in the case of a product in which the ingredients used in its preparation in accordance with paragraph 45(d) only come from that kind or kinds of fruit;

(b)the words “mixed fruit” in the case of a product in which the ingredients used in its preparation in accordance with paragraph 45(d) come from more than one kind of fruit; or

(c)the word “fruit” preceded by a number in the case of a product where the ingredients used in its preparation in accordance with paragraph 45(d) come from that number of kinds of fruit.

PART 10Lemon cheese

54.  Lemon cheese complies with all the requirements for “X” curd in Part 9 appropriate for lemon curd.

PART 11“Y” flavour curd

55.  “Y” flavour curd is an emulsion of—

(a)edible fat or oil (or both);

(b)sugar;

(c)whole egg or egg yolk (or both); and

(d)flavouring material added in order to impart the taste or odour (or both the taste and odour) of a fruit.

56.  Notwithstanding paragraph 55(b), a permitted sweetener may be used in the manufacture of “Y” flavour curd either wholly or partially as a replacement for sugar.

57.  As well as the ingredients mentioned in paragraphs 55 and 56, the product may contain any other edible ingredients.

58.  The quantity of fat or oil (or both) used for every 1,000 grams of the finished product must not be less than 40 grams.

59.  Not less than 6.5 grams of egg yolk solids (whether derived from a whole egg ingredient, an egg yolk or both) must be used for every 1,000 grams of the finished product.

60.  The quantity of flavouring material used must be sufficient to characterise the finished product.

61.  The product must have a soluble dry matter content of 65% or more as determined by refractometer at 20°C except for—

(a)a product in respect of which sugar has been wholly or partially replaced by a permitted sweetener; and

(b)a product in respect of which a reduced sugar claim is made in accordance with the conditions laid down in Regulation (EC) No 1924/2006.

62.  This Part is to be read as if for “Y” there were substituted—

(a)the name of a particular kind or kinds of fruit in the case of a product in which the flavouring material used in its preparation in accordance with paragraph 55(d) has been added to impart the taste or odour (or both the taste and odour) of that kind or kinds of fruit; or

(b)the words “mixed fruit” in the case of a product in which the flavouring material used in its preparation in accordance with paragraph 55(d) has been added to impart the taste or odour (or both the taste and odour) of more than one kind of fruit.

PART 12Mincemeat

63.  Mincemeat is a mixture of sweetening agents, vine fruits, citrus peel, suet or equivalent fat and vinegar or acetic acid, with or without other edible ingredients.

64.  Notwithstanding paragraph 63, a permitted sweetener may be used in the manufacture of mincemeat either wholly or partially as a replacement for the sweetening agents.

65.  Not less than 300 grams of vine fruits and citrus peel must be used for every 1,000 grams of the finished product, of which not less than 200 grams must be vine fruits.

66.  Not less than 25 grams of suet or equivalent fat must be used for every 1,000 grams of the finished product.

67.  The product must have a soluble dry matter content of 65% or more as determined by refractometer at 20°C except for—

(a)a product in respect of which sweetening agents have been wholly or partially replaced by a permitted sweetener; and

(b)a product in respect of which a reduced sugar claim is made in accordance with the conditions laid down in Regulation (EC) No 1924/2006.

68.  In this Part—

“sweetening agents” (“cyfryngau melysu”) means—

(a)

any sugar product defined in the Annex to Directive 2001/111/EC;

(b)

brown sugar;

(c)

cane molasses;

(d)

honey;

“vine fruits” (“ffrwythau gwinwydd”) means currants, muscatels, raisins or sultanas or a mixture of any combination of those fruits.

PART 13Interpretation of Schedule 1

69.  In this Schedule “permitted sweetener” (“melysydd a ganiateir”) means any sweetener in so far as its use is permitted in a regulated product by Regulation (EC) No 1333/2008.

70.  In the case of a regulated product that is listed in Part 1 of the table in Part 1 of this Schedule prepared from a mixture of different kinds of fruit, any reference in these Regulations to a minimum quantity of fruit is to be read as if the minimum quantity specified for the relevant kinds of fruit were reduced in proportion to the relative quantities of the kinds of fruit used to manufacture the product.

Regulation 2(1)

SCHEDULE 2Authorised additional ingredients for regulated products that are listed in Part 1 of the table in Part 1 of Schedule 1

1.  The following additional ingredients may be used in the manufacture of a regulated product that is listed in Part 1 of the table in Part 1 of Schedule 1—

(a)liquid pectin;

(b)spirits, wine and liqueur wine, nuts, aromatic herbs, spices, vanilla and vanilla extracts;

(c)vanillin;

(d)any substance permitted pursuant to Regulation (EC) No 1333/2008.

2.  The following additional ingredients may be used in the manufacture of a regulated product that is listed in Part 1 of the table in Part 1 of Schedule 1 to the extent stated below—

(a)honey, as a total or partial substitute for sugar;

(b)edible oils and fats as anti-foaming agents.

Regulation 2(1)

SCHEDULE 3Authorised treatments for regulated products that are listed in Part 1 of the table in Part 1 of Schedule 1

1.  Fruit, fruit pulp, fruit purée and aqueous extracts of fruit may be—

(a)heated, chilled or frozen;

(b)freeze-dried; or

(c)concentrated, to the extent that is technically possible.

2.  Except when used for the manufacture of extra jam or extra jelly, fruit, fruit pulp, fruit purée and aqueous extracts of fruit may be treated using sulphur dioxide (E 220) or its salts (E 221, E 222, E 223, E 224, E 226 and E 227) as an aid to manufacture, provided that the maximum sulphur dioxide content laid down in Regulation (EC) No 1333/2008 is not exceeded.

3.  Apart from being freeze-dried, apricots and plums used in the manufacture of jam may also be treated by any other drying process.

4.  Citrus peel may be preserved in brine.

Regulation 2(3)

SCHEDULE 4Ambulatory references

The EU instruments referred to in regulation 2(3) are—

(a)Directive 2001/111/EC;

(b)Directive 2001/113/EC;

(c)Regulation (EC) No 1924/2006;

(d)Regulation (EC) No 1333/2008;

(e)Regulation (EU) No 1169/2011.

Regulation 10

SCHEDULE 5Application and modifications of provisions of the Act

Column 1

Provision of the Act

Column 2

Modifications

Section 3 (presumptions that food intended for human consumption)In subsection (1), for “this Act” substitute “the Jam and Similar Products (Wales) Regulations 2018”.
Section 10(1) and (2) (improvement notices)

For subsection (1) (improvement notices) substitute—

“(1) If an authorised officer of an enforcement authority has reasonable grounds for believing that a person is failing to comply with any of regulations 4 to 8 of the Jam and Similar Products (Wales) Regulations 2018, the authorised officer may, by a notice served on that person (in this Act referred to as an “improvement notice”)—

(a) state the officer’s grounds for believing that the person is failing to comply with the relevant regulation;

(b) specify the matters which constitute the person’s failure so to comply;

(c) specify the measures which, in the officer’s opinion, the person must take in order to secure compliance; and

(d) require the person to take those measures, or measures that are at least equivalent to them, within such period (not being less than 14 days) as may be specified in the notice.”

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 10 of the Jam and Similar Products (Wales) Regulations 2018”.
Section 21(1) and (5) (defence of due diligence)In subsection (1), for “any of the preceding provisions of this Part” substitute “section 10(2), as applied by regulation 10 of the Jam and Similar Products (Wales) Regulations 2018”.
Section 30(8) (analysis etc. of samples)

For “this Act” substitute “the Jam and Similar Products (Wales) Regulations 2018”.

In paragraph (a) omit “under subsection (6) above”.

Section 33 (obstruction etc. of officers)In subsection (1), for “this Act” (in each place where it occurs) substitute “the Jam and Similar Products (Wales) Regulations 2018”.
Section 35(1)(1) and (2)(2) (punishment of offences)

In subsection (1), after “section 33(1) above”, insert “, as applied and modified by regulation 10 of, and Schedule 5 to, the Jam and Similar Products (Wales) Regulations 2018,”.

After subsection (1), insert—

“(1A) A person guilty of an offence under section 10(2), as applied by regulation 10 of the Jam and Similar Products (Wales) Regulations 2018, is liable, on summary conviction, to a fine.”

(f) In subsection (2), for “any other offence under this Act”, substitute “an offence under section 33(2), as applied by regulation 10 of the Jam and Similar Products (Wales) Regulations 2018,”

Section 36 (offences by bodies corporate)In subsection (1), for “this Act” substitute “section 10(2), as applied by regulation 10 of the Jam and Similar Products (Wales) Regulations 2018,”.
Section 36A(3) (offences by Scottish partnerships)For “this Act” substitute “section 10(2), as applied by regulation 10 of the Jam and Similar Products (Wales) Regulations 2018,”.
Section 37(1) and (6) (appeals to magistrates’ court)

For subsection (1) substitute—

“(1) Any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve an improvement notice under section 10(1), as applied and modified by regulation 10 of the Jam and Similar Products (Wales) Regulations 2018, may appeal to a magistrates’ court.”

In subsection (6)—

(a) for “(3) or (4)” substitute “(1)”, and

(b) in paragraph (a), omit “or to the sheriff”.

Section 39 (appeals against improvement notices)

For subsection (1) substitute—

“(1) On an appeal against a decision of an authorised officer of an enforcement authority to serve an improvement notice under section 10(1), as applied and modified by regulation 10 of the Jam and Similar Products (Wales) Regulations 2018, the magistrates’ court may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the court may in the circumstances think fit.”

In subsection (3), omit “for want of prosecution”.

Section 44 (protection of officers acting in good faith)For “this Act” (in each place where it occurs) substitute “the Jam and Similar Products (Wales) Regulations 2018”.
(1)

Section 35(1) is amended by paragraph 42 of Schedule 26 to the Criminal Justice Act 2003 (c. 44) from a date to be appointed and was amended by section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

(2)

Section 35(2) was amended by section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and S.I. 2015/664.

(3)

Section 36A was inserted by paragraphs 7 and 16 of Schedule 5 to the 1999 Act.

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