OpenLegislation

Regulation 29 Application of various provisions of the OrderI1

Northern Ireland

(1)

The following provisions of the Order apply for the purposes of these Regulations with the modifications specified in paragraph (2)—

  • Article 4 (presumptions that food intended for human consumption);

  • Article 19 (offences due to fault of another person);

  • Article 20 (defence of due diligence);

  • Article 29 (procurement of samples);

  • Article 30(8) (documentary evidence);

  • Article 43 (protection of public analyst acting in good faith); and

  • Article 45 (expenses of authorised officers);

(2)

The modifications are—

(a)

any reference in the provisions specified in paragraph (1) to the Order (or a Part of the Order) must be construed as a reference to these Regulations;

(b)

any reference in the provisions specified in paragraph (1) to an authorised officer, or an officer of an enforcement authority or district council, must be construed as a reference to an authorised officer as defined in regulation 2(1) of these Regulations;

(c)

in relation to Article 19, the reference to that Article must be construed as including a reference to that Article as applied to these Regulations by paragraph (1);

(d)

in relation to Article 20(2), the words “Article 7, 13 or 14” must be replaced with the words “these Regulations”;

(e)

in relation to Article 29—

(i)

in paragraph (b)(ii), the reference to Article 33 must be construed as including a reference to regulation 19 of these Regulations; and

(ii)

in paragraph (d), the omission of the words “or of regulations or orders made under it”;

(f)

in relation to Article 30(8)(a) the omission of the words “under paragraph (6)”; and

(g)

in relation to Article 43, any reference to a district council must be construed as a reference to an enforcement authority.

Annotations

Commencement

I1

Reg. 29 in operation at 28.4.2010, see reg. 1

Notes on the whole SR

Textual amendments

F1

Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6, 8-10