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Eggs and Chicks (Amendment) Regulations (Northern Ireland) 2011

S.R. 2011/248 · Made 30 June 2011

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Food

Made 30th June 2011

Coming into operation 1st August 2011

The Department of Agriculture and Rural Development is designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to the common agricultural policy of the European Union.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972, and it appears to the Department that it is expedient for any reference to the following Regulations to be construed as a reference to those Regulations as amended from time to time—

(a)

Council Regulation (EC) No. 1234/2007f3 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation);

(b)

Commission Regulation (EC) No. 589/2008f4 laying down detailed rules for implementing Regulation (EC) No. 1234/2007 as regards marketing standards for eggs; and

(c)

Commission Regulation (EC) No. 617/2008f5 laying down detailed rules for implementing Regulation (EC) No. 1234/2007 as regards marketing standards for eggs for hatching and farmyard poultry chicks.

There has been open and transparent public consultation during the preparation of the following Regulations as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Councilf6 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.

Accordingly, the Department makes the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1Af7 of Schedule 2 to, the European Communities Act 1972.

Annotations to the whole text

Footnotes

f1

S.I. 2000/2812 to which there are amendments not relevant to the subject matter of these Regulations

f2

1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7)

f3

O.J. No. L 299, 16.11.2007, p. 1, last amended by Regulation (EU) No. 1234/2010 of the European Parliament and of the Council (O.J. No. L 346, 30.12.2010, p. 11)

f4

O.J. No. L 163, 24.6.2008, p. 6, last amended by Commission Regulation (EU) No. 557/2010 (O.J. No. L 159, 25.6.2010, p. 13)

f5

O.J. No. L 168, 28.6.2008, p. 5, last amended by Commission Regulation (EU) No. 557/2010 (O.J. No. L 159, 25.6.2010, p. 13)

f6

O.J. No. L 31, 1.2.2002, p. 1, last amended by Regulation (EC) No. 596/2009 (O.J. No. L 188, 18.7.2009, p. 14)

f7

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51)

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Amendment of the Eggs and Chicks Regulations (Northern Ireland) 2010
  4. 4Amendment of the Eggs and Chicks Regulations (Northern Ireland) 2010
  5. 5Amendment of the Eggs and Chicks Regulations (Northern Ireland) 2010
  6. 6Amendment of the Eggs and Chicks Regulations (Northern Ireland) 2010
  7. 7Amendment of the Eggs and Chicks Regulations (Northern Ireland) 2010
  8. Signature
  9. Explanatory note

1Citation and commencement

These Regulations may be cited as the Eggs and Chicks (Amendment) Regulations (Northern Ireland) 2011 and shall come into operation on 1st August 2011.

2Interpretation

The Interpretation Act (Northern Ireland) 1954f1 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

3Amendment of the Eggs and Chicks Regulations (Northern Ireland) 2010

The Eggs and Chicks Regulations (Northern Ireland) 2010f1 shall be amended in accordance with regulations 4 to 7.

4Amendment of the Eggs and Chicks Regulations (Northern Ireland) 2010

In regulation 2(1) (Interpretation) after the definition of “eggs for hatching”, there shall be inserted—

““electronic communication” has the same meaning as in section 4(1) of the Electronic Communications Act (Northern Ireland) 2001f1”.

5Amendment of the Eggs and Chicks Regulations (Northern Ireland) 2010

In paragraphs (2)(e) and 6(d) of regulation 21 (Compliance notices) the words “to an appointed person” shall be omitted.

6Amendment of the Eggs and Chicks Regulations (Northern Ireland) 2010

For Regulation 22 there shall be substituted—

“22.
(1)

A person may, within 21 days of the notification of a decision to which this regulation applies, make written representations to appeal against the decision to a person appointed for this purpose by the Department.

(2)

The appointed person shall consider the representations and report in writing to the Department.

(3)

The Department shall give the person who made representations written notification of its final determination and the reasons for it.

(4)

A person who is aggrieved by the final determination of the Department under paragraph (3) may, within 21 days of the notification of the determination, appeal against that determination to a magistrates’ court.

(5)

This regulation applies to—

(a)

a decision by the Department to refuse to register an establishment as a pedigree breeding establishment, other breeding establishment or hatchery under Article 2(1) of Commission Regulation (EC) No. 617/2008, or to withdraw such a registration;

(b)

a decision by the Department to refuse to authorise an undertaking as a packing centre to grade eggs under the first sub-paragraph of Article 5(2) of Commission Regulation (EC) No. 589/2008, or to withdraw such an authorisation;

(c)

a decision by an authorised officer to impose a regulation 21(1) compliance notice; and

(d)

a decision by an authorised officer to impose a regulation 21(4) compliance notice.

(6)

The withdrawal of an authorisation or registration referred to in paragraph (5) does not take effect until the time for appealing against it has expired, and, if an appeal is lodged, until the appeal is finally disposed of or withdrawn.”

7Amendment of the Eggs and Chicks Regulations (Northern Ireland) 2010

Paragraph (6) of regulation 28 shall be omitted.

Signature

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 30th June 2011.

(L.S.)

Keith Morrison

A senior officer of the Department of Agriculture and Rural Development

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Eggs and Chicks Regulations (Northern Ireland) 2010 (S.R. 2010 No. 125) that give effect to Council Regulation (EC) No. 1234/2007 (O.J. No. L 299, 16.11.2007, p. 1), Commission Regulation (EC) No. 617/2008 (O.J. No. L 168, 28.6.2008, p. 5), Commission Regulation (EC) No. 589/2008 (O.J. No. L 163, 24.6.2008, p. 6) and Regulation (EC) No. 2160/2003 (O.J. No. 325, 12.12.2003, p. 1) on EC marketing standards relating to eggs for hatching and chicks, eggs in shell for consumption and new Salmonella related controls.

The Eggs and Chicks Regulations (Northern Ireland) 2010 are amended to—

(a)

include a revised definition for “electronic communication” (regulations 4 and 7);

(b)

include an appeal to a magistrates’ court (regulations 5 and 6).

A Regulatory Impact Assessment has not been prepared for these Regulations because no additional requirements are being imposed.