{
  "url": "https://openlegislation.uk/materials-and-articles-in-contact-with-food-wales-regulations-2012/schedule-2/part-2",
  "json_url": "https://openlegislation.uk/materials-and-articles-in-contact-with-food-wales-regulations-2012/schedule-2/part-2.json",
  "legislation": "wsi/2012/2705",
  "legislation_title": "The Materials and Articles in Contact with Food (Wales) Regulations 2012",
  "legislation_url": "https://openlegislation.uk/materials-and-articles-in-contact-with-food-wales-regulations-2012",
  "path": "schedule/2/part/2",
  "kind": "part",
  "number": "2",
  "heading": "Application and modification of other provisions of the Act",
  "text": "Column 1\nProvision of the Act\nColumn 2\nModification\nSection 2 (extended meaning of “sale” etc.)\nFor “this Act” (in each place it occurs) substitute “the Materials and Articles in Contact with Food (Wales) Regulations 2012”.\nSection 3 (presumptions that food intended for human consumption)\nIn subsection (1), for “this Act” substitute “the Materials and Articles in Contact with Food (Wales) Regulations 2012, Regulation 1935/2004, Regulation 1895/2005, Regulation 2023/2006, Regulation 450/2009 and Regulation 10/2011”.\nSection 20 (offences due to fault of another person)\nFor “any of the preceding provisions of this Part” substitute “section 10(2) as applied by regulation 27 of the Materials and Articles in Contact with Food (Wales) Regulations 2012”.\nSection 21(1) and (5) (defence of due diligence)\nIn subsection (1), for “any of the preceding provisions of this Part” substitute “section 10(2) as applied by regulation 27 of the Materials and Articles in Contact with Food (Wales) Regulations 2012”.\nSection 30(6) and (8) (which relates to evidence of certificates given by a food analyst or examiner)\nIn subsection (8), for “this Act” substitute “the Materials and Articles in Contact with Food (Wales) Regulations 2012”.\nSection 32 (powers of entry)\nFor “this Act” (in each place it occurs) substitute “the Materials and Articles in Contact with Food (Wales) Regulations 2012, Regulation 1935/2004, Regulation 1895/2005, Regulation 2023/2006, Regulation 450/2009 and Regulation 10/2011”.\nSection 33 (obstruction etc. of officers)\nIn subsection (1), for “this Act” (in each place it occurs) substitute “section 10(1) of this Act as applied and modified by regulation 27 of, and Part 1 of Schedule 2 to, the Materials and Articles in Contact with Food (Wales) Regulations 2012”.\nSection 35(1) and (2) (punishment of offences)\nIn subsection (1), after “section 33(1) above” insert “, as applied and modified by regulation 27 of, and Part 2 of Schedule 2 to, the Materials and Articles in Contact with Food (Wales) Regulations 2012,”.\nAfter subsection (1) insert—\n“(1A) A person guilty of an offence under section 10(2), as applied by regulation 27 of the Materials and Articles in Contact with Food (Wales) Regulations 2012 shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.”\nIn subsection (2), in the opening words, for “any other offence under this Act” substitute “an offence under section 33(2), as applied by regulation 27 of, and Part 2 of Schedule 2 to, the Materials and Articles in Contact with Food (Wales) Regulations 2012,”.\nSection 36 (offences by bodies corporate)\nIn subsection (1), for “this Act” substitute “section 10(2) as applied by regulation 27 of the Materials and Articles in Contact with Food (Wales) Regulations 2012”.\nSection 36A (offences by Scottish partnerships)\nFor “this Act” substitute “section 10(2) as applied by regulation 27 of the Materials and Articles in Contact with Food (Wales) Regulations 2012”.\nSection 37(1) and (6) (appeals to a magistrates’ court)\nFor subsection (1) substitute—\n“Any person who is aggrieved by a decision of an authorised officer to serve an improvement notice under section 10(1), as applied and modified by regulation 27 of, and Part 1 of Schedule 2 to, the Materials and Articles in Contact with Food (Wales) Regulations 2012, may appeal to a magistrates’ court.”\nIn subsection (6)—\nfor “(3) or (4)” substitute “(1)”; and\nin paragraph (a), omit “or to the sheriff”.\nSection 39 (appeals against improvement notices)\nFor subsection (1) substitute—\n“(1) On an appeal against an improvement notice served under section 10(1), as applied and modified by regulation 27 of, and Part 1 of Schedule 2 to, the Materials and Articles in Contact with Food (Wales) Regulations 2012, 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 magistrates’ court may in the circumstances think fit.”\nIn subsection (3), omit “for want of prosecution.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 2 inserted (14.9.2017) by The Materials and Articles in Contact with Food (Wales) (Amendment) Regulations 2017 (S.I. 2017/832), reg. 1(3), Sch."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2012/2705/schedule/2/part/2",
    "retrieved_at": "2026-10-28T23:44:52.241311+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}