Schedule 5 Application and modifications of provisions of the ActI1

For subsection (1) (improvement notices) substitute—

“(1)

f an authorised officer of an enforcement authority has reasonable grounds for believing that a person is failing to comply with any of regulations 4 to 8 of the Jam and Similar Products (Wales) Regulations 2018, the authorised officer may, by a notice served on that person (in this Act referred to as an “improvement notice”)—

(1)

state the officer’s grounds for believing that the person is failing to comply with the relevant regulation;

(b)

specify the matters which constitute the person’s failure so to comply;

(c)

specify the measures which, in the officer’s opinion, the person must take in order to secure compliance; and

(d)

require the person to take those measures, or measures that are at least equivalent to them, within such period (not being less than 14 days) as may be specified in the notice.”

For “this Act” substitute “the Jam and Similar Products (Wales) Regulations 2018”.

In paragraph (a) omit “under subsection (6) above”.

In subsection (1), after “section 33(1) above”, insert “, as applied and modified by regulation 10 of, and Schedule 5 to, the Jam and Similar Products (Wales) Regulations 2018,”.

After subsection (1), insert—

“(1A)

A person guilty of an offence under section 10(2), as applied by regulation 10 of the Jam and Similar Products (Wales) Regulations 2018, is liable, on summary conviction, to a fine.”

(f) In subsection (2), for “any other offence under this Act”, substitute “an offence under section 33(2), as applied by regulation 10 of the Jam and Similar Products (Wales) Regulations 2018,

For subsection (1) substitute—

“(1)

Any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve an improvement notice under section 10(1), as applied and modified by regulation 10 of the Jam and Similar Products (Wales) Regulations 2018, may appeal to a magistrates’ court.”

In subsection (6)—

(a) for “(3) or (4)” substitute “(1)”, and

(b) in paragraph (a), omit “or to the sheriff”.

For subsection (1) substitute—

“(1)

On an appeal against a decision of an authorised officer of an enforcement authority to serve an improvement notice under section 10(1), as applied and modified by regulation 10 of the Jam and Similar Products (Wales) Regulations 2018, the magistrates’ court may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the court may in the circumstances think fit.”

In subsection (3), omit “for want of prosecution”.