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.
The Wine Regulations 201111
1
The Wine Regulations 2011 are amended as follows.
2
For any reference to “European Regulations” substitute “retained EU Regulations”.
3
After regulation 1(3) insert—
4
All the other provisions extend to Great Britain.
4
In regulation 2—
a
in paragraph (1)(a), for “EU instruments” substitute “any of the Regulations listed in the definition of “the retained EU Regulations” in paragraph (2)”;
b
in paragraph (2)—
i
in the definition of “the Agency”, in sub-paragraph (a), for “, Wales and Northern Ireland” substitute “and Wales”;
ii
omit the definition of “premises” and after the definition of “authorised officer” insert—
“premises” includes any land or vehicle;
5
In regulation 3—
a
for paragraph (1) substitute—
1
The local authority enforces the retained EU Regulations in relation to retail sale.
b
omit paragraphs (4) and (8).
c
after paragraph (9) insert—
10
In this regulation—
a
“general customs official” means a general customs official designated under section 3(1) of the Borders, Citizenship and Immigration Act 200924;
b
“local authority” means an authority (other than the council of a non-metropolitan district) that is a food authority for the purposes of the Food Safety Act 199025.
6
In regulation 4—
a
in paragraph (1)—
i
at the beginning insert “In respect of Great Britain,”;
ii
omit “, and acts as the Member State for,”;
b
in paragraph (2)—
i
in sub-paragraph (a)(i) omit “or Member State”;
ii
omit sub-paragraph (b);
c
in paragraph (3) omit sub-paragraph (b).
7
For regulation 8(4) substitute—
4
An authorised officer entering any premises by virtue of this regulation or regulation 9 may be accompanied by such other person as the officer considers necessary.
8
In regulation 9—
a
in paragraph (1), in the words before sub-paragraph (a) omit the words from “or in Northern” to “writing,”;
b
for paragraph (5) substitute—
5
In this regulation, in Scotland, a reference to a justice of the peace includes a sheriff.
9
In regulation 16(2) omit sub-paragraph (d).
The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 201812
1
The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018 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
The following provisions extend to Great Britain—
a
this Part and Parts 2 to 4;
b
regulations 22 and 23.
3
In regulation 2(1)(b), for “in regulation 3(2)(c)(iv)” substitute “where otherwise specified”.
4
For regulation 3(2) substitute—
2
The Secretary of State is responsible for exercising the functions of the designated authority for the purposes of Articles 13(3), 24(2) and 34.
5
For regulation 6(4) substitute—
4
For the purposes of these Regulations any authority (other than the council of a non-metropolitan district) that is a food authority for the purposes of the Food Safety Act 1990 is eligible for appointment as an enforcement authority.
6
In regulation 10—
a
in paragraph (4)—
i
for the first comma substitute “or”;
ii
omit “or lay magistrate in Northern Ireland”;
iii
for “, sheriff or lay magistrate,” substitute “or sheriff”;
b
for paragraph (8)(a) substitute—
a
be accompanied by such other persons as the authorised officer considers necessary;
7
In regulation 12—
a
in paragraph (1)—
i
for sub-paragraph (a) substitute—
a
has marketed, or is marketing or intending to market, a product—
i
under a registered PDO or PGI which has not been labelled in a way described in Article 12 of Regulation 1151/2012 as read with Article 16(4) of that Regulation and Article 2 of, and the Annex to, Regulation 664/201426, or
ii
under a registered TSG which has not been labelled in a way described in Article 23 of Regulation 1151/2012 as read with Article 25(4) of that Regulation and Article 2 of, and the Annex to, Regulation 664/2014;
ii
in sub-paragraph (j), for the words from “or (3)” to “2 of” substitute “to (3) of Regulation 668/201427 as read with Article 2 of, and the Annex to,”;
b
in paragraph (2)(e), for “, 16 or, as the case may be, 17” substitute “or 16 as the case may be”;
c
in paragraph (3), for “to 17” substitute “and 16”.
8
In regulation 13—
a
in paragraph (3)(e), for “, 16 or, as the case may be, 17” substitute “or 16 as the case may be”;
b
in paragraph (4), for “to 17” substitute “and 16”.
9
In regulation 14—
a
in paragraph (4)(c)(i), for “, 16 or, as the case may be, 17” substitute “or 16 as the case may be”;
b
in paragraph (5), for “to 17” substitute “and 16”.
10
Omit regulation 17.
11
In regulation 20, in the words before sub-paragraph (a), for “to 17” substitute “and 16”.
12
Omit regulation 21.
13
In regulation 22—
a
in paragraph (1)—
i
in sub-paragraph (a), after “years” insert “in Great Britain”;
ii
in sub-paragraph (b), for “national opposition procedure” substitute “opposition procedure referred to in Article 51”;
b
in paragraph (2), for the words from “Secretary” to the end substitute “registration takes effect”.