{
  "url": "https://openlegislation.uk/condensed-milk-and-dried-milk-wales-regulations-2018/schedule-3/part-2",
  "json_url": "https://openlegislation.uk/condensed-milk-and-dried-milk-wales-regulations-2018/schedule-3/part-2.json",
  "legislation": "wsi/2018/275",
  "legislation_title": "The Condensed Milk and Dried Milk (Wales) Regulations 2018",
  "legislation_url": "https://openlegislation.uk/condensed-milk-and-dried-milk-wales-regulations-2018",
  "path": "schedule/3/part/2",
  "kind": "part",
  "number": "2",
  "heading": "Application and modification of other provisions of the Act",
  "text": "Column 1\nProvision of the Act\nColumn 2\nModifications\nSection 2 (extended meaning of “sale” etc.)\nIn subsection (1), for “this Act” substitute “the Condensed Milk and Dried Milk (Wales) Regulations 2018”.\nIn subsection (2), for “This Act” substitute “The Condensed Milk and Dried Milk (Wales) Regulations 2018”.\nSection 3 (presumptions that food intended for human consumption)\nIn subsection (1), for “this Act” substitute “the Condensed Milk and Dried Milk (Wales) Regulations 2018”.\nSection 20 (offences due to fault of another person)\nFor “any of the preceding provisions of this Part” substitute “section 10(2), as applied by regulation 6(1) of the Condensed Milk and Dried Milk (Wales) Regulations 2018”.\nSection 21(1) and (5) (defence of due diligence)\nIn subsection (1), for “any of the preceding provisions of this Part” substitute “section 10(2), as applied by regulation 6(1) of the Condensed Milk and Dried Milk (Wales) Regulations 2018”.\nSection 29 (procurement of samples)\nAfter the words “enforcement authority”, insert “, when carrying out duties under this section in relation to the Condensed Milk and Dried Milk (Wales) Regulations 2018, must exercise and perform those duties in accordance with the methods described in the Annex to First Commission Directive 87/524/EEC laying down Community methods of sampling for chemical analysis for the monitoring of preserved milk products and”.\nSection 30(8) (analysis etc. of samples)\nFor “this Act” substitute “the Condensed Milk and Dried Milk (Wales) Regulations 2018”.\nIn sub-paragraph (a) omit “under subsection (6) above”.\nSection 33 (obstruction etc. of officers)\nIn subsection (1), for “this Act” (in each place where it occurs) substitute “the Condensed Milk and Dried Milk (Wales) Regulations 2018”.\nSection 35(1) and (2) (punishment of offences)\nIn subsection (1), after “section 33(1) above”, insert “, as applied and modified by regulation 6(2) of, and Part 2 of Schedule 3 to, the Condensed Milk and Dried Milk (Wales) Regulations 2018”.\nAfter subsection (1), insert—\n“(1A) A person guilty of an offence under section 10(2), as applied by regulation 6(1) of the Condensed Milk and Dried Milk (Wales) Regulations 2018, is liable, on summary conviction, to a fine.”\nIn subsection (2), for “any other offence under this Act” substitute “an offence under section 33(2), as applied by regulation 6(2) of, and Part 2 of Schedule 3 to, the Condensed Milk and Dried Milk (Wales) Regulations 2018,”.\nSection 36 (offences by bodies corporate)\nIn subsection (1), for “this Act” substitute “section 10(2), as applied by regulation 6(1) of the Condensed Milk and Dried Milk (Wales) Regulations 2018,”.\nSection 36A (offences by Scottish partnerships)\nFor “this Act” substitute “section 10(2), as applied by regulation 6(1) of the Condensed Milk and Dried Milk (Wales) Regulations 2018,”.\nSection 37(1), (3), (5) and (6) (appeals to magistrates’ court)\nFor subsection (1) substitute—\n“(1) Any person who is aggrieved by a decision of an authorised officer of a food authority to serve an improvement notice under section 10(1), as applied and modified by regulation 6(1) of, and Part 1 of Schedule 3 to, the Condensed Milk and Dried Milk (Wales) Regulations 2018, may appeal to a magistrates’ court.”\nFor subsection (5) substitute—\n“(5) The period within which such an appeal as is mentioned in subsection (1) above may be brought shall be—\none month from the date on which notice of the decision was served on the person desiring to appeal; or the period specified in the improvement notice, whichever ends the earlier; and in the case of such an appeal, the making of the complaint shall be deemed for the purposes of this subsection to be the bringing of the appeal.”\nIn subsection (6)—\nfor “(3) or (4)” substitute “(1)”, and\nin paragraph (a), omit “or to the sheriff”.\nSection 39 (appeals against improvement notices)\nFor subsection (1) substitute—\n“(1) On an appeal against an improvement notice served under section 10(1), as applied and modified by regulation 6(1) of, and Part 1 of Schedule 3 to, the Condensed Milk and Dried Milk (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.”\nIn subsection (3), omit “for want of prosecution”.\nSection 44 (protection of officers acting in good faith)\nFor “this Act” (in each place where it occurs) substitute “the Condensed Milk and Dried Milk (Wales) Regulations 2018”.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 3 Pt. 2 in force at 26.3.2018, see reg. 1(3)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ No L 306, 28.10.87, p 24."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "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. There are other amendments to section 35(1) not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Section 35(2) was amended by S.I. 2015/664. There are other amendments to section 35(2) not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Section 36A was inserted by section 40(1) of, and paragraphs 7 and 16 of Schedule 5 to, the Food Standards Act 1999 (c. 28)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2018/275/schedule/3/part/2",
    "retrieved_at": "2026-10-28T23:23:55.542574+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}