Explanatory note

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.