OpenLegislation

Article 3 Modifications to Regulations made under the European Communities Act 1972 c. 68

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In the Natural Mineral Waters Regulations 1985f1

(a)

for the words “food and drugs authority”, in each place where they occur in these Regulations, there shall be substituted the words “food authority”;

(b)

in regulation 2 the definition of “food and drugs authority” shall cease to have effect;

(c)

in regulation 2 there shall be inserted the following definition–

  • ““food authority” means–

    1. (a)

      in England, for each non-metropolitan county, metropolitan district and London borough, the council of that county, district or borough, and for the City of London and the Inner Temple and the Middle Temple, the Common Council of the City of London;

    2. (b)

      in Wales, the county council;”;

(d)

in regulation 2 for the definition of “public analyst” there shall be substituted the following definition–

  • ““public analyst” has the same meaning as in the Food Safety Act 1990;”;

(e)

for regulation 26 there shall be substituted the following–

“Defences

26

The following provisions of the Food Safety Act 1990 shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of that Act and unless the context otherwise requires any reference in them to that Act shall be construed as a reference to these Regulations–

  • section 21 (defence of due diligence); and

  • section 22 (defence of publication in the course of business).”; and

(f)

regulation 27 and paragraph (a) of regulation 28 shall cease to have effect.

(2)

In the Eggs (Marketing Standards) Regulations 1985f2 for regulation 10 there shall be substituted the following regulation–

“Application of Food Safety Act

10

The following provisions of the Food Safety Act 1990 shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of that Act and unless the context otherwise requires any reference in them to that Act shall be construed as a reference to these Regulations–

  • section 2 (extended meaning of sale);

  • section 20 (offences due to fault of another person); and

  • section 21 (defence of due diligence);”.

(3)

In the Materials and Articles in Contact with Food Regulations 1987f3 –

(a)

in regulation 2(1), for paragraph (a)(i) of the definition of “enforcement authority” there shall be substituted the following provision–

“(i)

for each non-metropolitan county, metropolitan district and London borough, the council of that county, district or borough, and for the City of London and the Inner Temple and the Middle Temple, the Common Council, and”;

(b)

in regulation 2(1) for the definition of “food” there shall be substituted the following definition–

  • ““food” has the same meaning as in the Food Safety Act 1990;”;

(c)

in regulation 2(1) for the definition of “public analyst” there shall be substituted the following definition–

  • ““public analyst” has the same meaning as in the Food Safety Act 1990;”;

(d)

for regulation 23 there shall be substituted the following–

“Application of Food Safety Act 1990

23

The following provisions of the Food Safety Act 1990 shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of that Act and unless the context otherwise requires any reference in them to that Act shall be construed as a reference to these Regulations–

  • section 2 (extended meaning of sale); and

  • section 21 (defence of due diligence).”; and

(e)

regulation 24 shall cease to have effect.

(4)

In the Olive Oil (Marketing Standards) Regulations 1987f4 in regulation 3 for paragraphs (a) and (b) there shall be substituted the following–

“(a)

in relation to imports, in England and Wales by the relevant port health authority, and in Scotland by a district or islands council;

(b)

at the retail stage, in England and Wales by the relevant food authority within the meaning of section 5(1) of the Food Safety Act 1990, other than non-metropolitan district councils, and in Scotland by a district or islands council;”.

(5)

In the Common Agricultural Policy (Wine) Regulations 1990,f5 so far as they apply to Great Britain, in regulation 2(1), in the definition of “local authority” for sub-paragraphs (i) and (ii) there shall be substituted the following provisions–

“(i)

as respects England and Wales, for each non-metropolitan county, metropolitan district and London borough, the council of that county, district or borough, and for the City of London and the Inner Temple and the Middle Temple, the Common Council of the City of London;

(ii)

as respects Scotland, the islands or district council;”.

Annotations

Footnotes

f1

S.I. 1985/71.

f2

S.I. 1985/1271 (to which there is an amendment not relevant to this Order).

f3

S.I. 1987/1523.

f4

S.I. 1987/1783.

f5

S.I. 1990/1363.