Regulation 11 The Wine Regulations 2011I1

England, Wales and Scotland

(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 F1and the 1416/2006 prohibitionF2 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 2009 M1;
(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 1990 M2.”.

(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).

Annotations

Textual amendments

F1: Words in reg. 11(5)(a) inserted (31.12.2020 immediately before IP completion day) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(2)(b), 16(3)
F2: See S.I. 2020/1636 for amendments to S.I. 2011/2936 concerning “the 1416/2006 prohibition”.

Marginal citations

M1: 2009 c. 11.
M2: 1990 c. 16; section 5 of the Act was amended by paragraph 16(1) of Schedule 9 to the Local Government (Wales) Act 1994 (c. 19), paragraph 163(2) of Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c. 39), paragraphs 7, 8 and 9 of Schedule 5 to the Food Standards Act 1999 (c. 28) and Part 1 of Schedule 3 to the Public Health etc. (Scotland) Act 2008 (asp 5).

Commencement

I1: Reg. 11 in force at 31.12.2020, see reg. 1(7)