PART 4Amendment of subordinate legislation: amendments coming into force on IP completion day

CHAPTER 2Amendment of subordinate legislation so far as it extends to Great Britain

The Spirit Drinks Regulations 200810

1

The Spirit Drinks Regulations 2008 are amended as follows.

2

In regulation 1—

a

in the heading, for “and commencement” substitute “, commencement and extent”;

b

number the existing paragraph as paragraph (1);

c

after paragraph (1) (as numbered by sub-paragraph (b)), insert—

2

They extend to Great Britain.

3

In regulation 3(1)—

a

in the definition of “food authority” omit sub-paragraph (b);

b

in the definition of “registered geographical indication”, for the words from “Annex” to “any” substitute “the”;

c

in the definition of “relevant court”, for sub-paragraphs (c) and (d) substitute—

a

in relation to England and Wales, a magistrates’ court;

b

in relation to Scotland, a sheriff;

4

In regulation 5—

a

in paragraph (1)—

i

after “responsible” insert “in Great Britain”;

ii

after “market”, in both places it occurs, insert “in Great Britain”;

iii

for “technical file (if any)” substitute “GB product specification”.

5

In regulation 6—

a

in paragraph (1) omit “Article 24(1) of”;

b

in paragraph (2)—

i

omit “Article 24(1) of”;

ii

for the words from “being” to the end substitute—

being—

a

imported into, or exported from, Great Britain;

b

moved into Great Britain from Northern Ireland;

c

moved from Great Britain into Northern Ireland

c

in paragraph (4), for the words from “being” to the end substitute—

being—

a

imported into, or exported from, Great Britain;

b

moved into Great Britain from Northern Ireland;

c

moved from Great Britain into Northern Ireland

6

In regulation 7(2), for the words from “being” to the end substitute—

being—

a

imported into, or exported from Great Britain;

b

moved into Great Britain from Northern Ireland;

c

moved from Great Britain into Northern Ireland

7

In regulation 10—

a

for paragraph (2) substitute—

2

The authorised officer may take with them such other person as they consider necessary.

b

omit paragraph (14);

c

for paragraph (15) substitute—

15

In this regulation, a reference to a justice of the peace includes, in Scotland, a reference to the sheriff.

8

For regulation 12(16) substitute—

16

The procedure in a magistrates’ court under this regulation is by way of complaint, and, in England and Wales, the Magistrates’ Courts Act 1980 applies to the proceedings.

9

For regulation 14(2) substitute—

2

The procedure on an appeal to a magistrates’ court under paragraph (1) is by way of complaint, and in England and Wales, the Magistrates’ Courts Act 1980 applies to the proceedings.