# The Horticultural Produce (Community Grading Rules) (England and Wales) (Revocation) Regulations 2004

S.I. 2004/2604 · made 5 October 2004

These Regulations revoke, with effect from 1st November 2004, the Horticultural Produce (Community Grading Rules) (England and Wales) Regulations 2003 (“the 2003 Regulations”). The 2003 Regulations provide that the references to “Community grading rules” in sections 11(3) and 22(3) of the Agriculture and Horticulture Act 1964 (“the 1964 Act”) and regulation 2 of the Grading of Horticultural Produce (Amendment) Regulations 1973 (S.I. 1973/22) (“The 1973 Regulations”), and in the provisions of Part 3 of the 1964 Act as modified by the 1973 Regulations, expressly include the provisions of the Commission Regulations listed in the Schedule to the 2003 Regulations. The House of Lords confirmed in Defra v ASDA Stores Ltd and another [2003] UKHL 71 that the reference to “Community grading rules” in section 11(3) of the 1964 Act is to Community grading rules in force at the time of the application of the 1964 Act, irrespective of when the Community grading rules in question were made. The 2003 Regulations are therefore otiose.

Made under: Agriculture and Horticulture Act 1964 (Section 11); European Communities Act 1972 (repealed) (Section 2)

PDFs: Printed copy https://openlegislation.uk/horticultural-produce-community-grading-rules-england-and-wales-revocation-regulations-2004/pdf/uksi_20042604_en.pdf; Explanatory Memorandum https://openlegislation.uk/horticultural-produce-community-grading-rules-england-and-wales-revocation-regulations-2004/pdf/uksiem_20042604_en.pdf

## Introductory text

HORTICULTURE, ENGLAND AND WALES
Made 5th October 2004
Laid before Parliament 7th October 2004
Coming into force 1st November 2004
The Secretary of State and the National Assembly for Wales acting jointly (the latter acting in relation to Wales only), in exercise of powers conferred on them by section 11(3) of the Agriculture and Horticulture Act 1964 and section 2(2) of the European Communities Act 1972, and being designated for the purposes of section 2(2) of the 1972 Act in relation to the common agricultural policy of the European Community, and after consultation with organisations representative of interests affected as required by section 23(1) of the 1964 Act, make the following Regulations:

## 1 Title and commencement

These Regulations may be cited as the Horticultural Produce (Community Grading Rules) (England and Wales) (Revocation) Regulations 2004 and shall come into force on 1st November 2004.

## 2 Revocation of the Horticultural Produce (Community Grading Rules) (England and Wales) Regulations 2003

The Horticultural Produce (Community Grading Rules) (England and Wales) Regulations 2003 are revoked.

## Signature

Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
5th October 2004
Signed on behalf of the National Assembly for Wales
D. Elis-Thomas
Presiding Officer
5th October 2004

## Explanatory note

(This note is not part of the Regulations)
These Regulations revoke, with effect from 1st November 2004, the Horticultural Produce (Community Grading Rules) (England and Wales) Regulations 2003 (“the 2003 Regulations”). The 2003 Regulations provide that the references to “Community grading rules” in sections 11(3) and 22(3) of the Agriculture and Horticulture Act 1964 (“the 1964 Act”) and regulation 2 of the Grading of Horticultural Produce (Amendment) Regulations 1973 (S.I. 1973/22) (“The 1973 Regulations”), and in the provisions of Part 3 of the 1964 Act as modified by the 1973 Regulations, expressly include the provisions of the Commission Regulations listed in the Schedule to the 2003 Regulations. The House of Lords confirmed in Defra v ASDA Stores Ltd and another [2003] UKHL 71 that the reference to “Community grading rules” in section 11(3) of the 1964 Act is to Community grading rules in force at the time of the application of the 1964 Act, irrespective of when the Community grading rules in question were made. The 2003 Regulations are therefore otiose.
These Regulations are made under the powers contained in section 2(2) of the European Communities Act 1972 and section 11(3) of the 1964 Act.
A full Regulatory Impact Assessment has not been prepared for this instrument as it has no impact on the costs of business.

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Source: https://www.legislation.gov.uk/uksi/2004/2604 (the official version)
Page: https://openlegislation.uk/horticultural-produce-community-grading-rules-england-and-wales-revocation-regulations-2004
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.