Part 3 Application and modification of other provisions of the ActI1
England and Wales
Column 1 Provision of the Act | Column 2 Modifications |
|---|---|
(1) Section 35(1) is amended by paragraph 42 of Schedule 26 to the Criminal Justice Act 2003 (c. 44) from a date to be appointed. There are other amendments to section 35(1) not relevant to these Regulations. | |
(2) Section 36A was inserted by section 40(1) of, and paragraphs 7 and 16 of Schedule 5 to, the Food Standards Act 1999 (c. 28). | |
| Section 2 (extended meaning of “sale” etc.) | For “this Act” (in each place it occurs) substitute “the Novel Foods (Wales) Regulations 2017”. |
| Section 3 (presumptions that food intended for human consumption) | In subsection (1), for “this Act” substitute “the Novel Foods (Wales) Regulations 2017”. |
| Section 20 (offences due to fault of another person) | For “any of the preceding provisions of this Part” substitute “section 10(2), as applied by regulation 5(1) of the Novel Foods (Wales) Regulations 2017 or under regulation 4 of those Regulations”. |
| Section 21(1) and (5) (defence of due diligence) | In subsection (1), for “any of the preceding provisions of this Part” substitute “section 10(2), as applied by regulation 5(1) of the Novel Foods (Wales) Regulations 2017 or under regulation 4 of those Regulations”. |
| Section 30(6) and (8) (evidence of certificates given by a food analyst or examiner) | In subsection (8), for “this Act” substitute “the Novel Foods (Wales) Regulations 2017”. |
| Section 32 (powers of entry) | In subsection (1), for paragraphs (a) to (c), substitute “(a) to enter any premises within the authority’s area for the purpose of ascertaining whether Article F16 of Regulation (EU) 2015/2283 is being or has been contravened on the premises;”. |
| Section 33 (obstruction etc. of officers) | In subsection (1), for “this Act” (in each place it occurs) substitute “the Novel Foods (Wales) Regulations 2017”. |
| Section 35(1)f1 and (2) (punishment of offences) | In subsection (1), after “section 33(1) above”, insert “, as applied and modified by regulation 5 of, and Part 3 of Schedule 2 to, the Novel Foods (Wales) Regulations 2017”. In subsection (2), in the opening words, for “any other offence under this Act” substitute “an offence under section 33(2), as applied by regulation 5 of, and Part 3 of Schedule 2 to, the Novel Foods (Wales) Regulations 2017,”. |
| Section 36 (offences by bodies corporate) | In subsection (1), for “this Act” substitute “section 10(2), as applied by regulation 5(1) of the Novel Foods (Wales) Regulations 2017 or under regulation 4 of those Regulations”. |
| Section 36Af2(offences by Scottish partnerships) | For “this Act” substitute “section 10(2), as applied by regulation 5(1) of the Novel Foods (Wales) Regulations 2017 or under regulation 4 of those Regulations”. |
| Section 37(1) and (6) (appeals to a magistrates’ court) | For subsection (1) substitute—
In subsection (6)— for “(3) or (4)” substitute “(1)”, and in paragraph (a), omit “or to the sheriff”. |
| Section 39 (appeals against improvement notices) | For subsection (1) substitute—
In subsection (3), omit “for want of prosecution”. |
Annotations
Textual amendments
- F1
Word in Sch. 2 Pt. 3 Table substituted (1.4.2025) by The Food and Feed (Regulated Products) (Amendment, Revocation, Consequential and Transitional Provision) Regulations 2025 (S.I. 2025/361), reg. 1(2), Sch. 11 para. 6(5)(b)(ii)
Commencement
- I1
Sch. 2 Pt. 3 in force at 1.1.2018, see reg. 1(3)
Footnotes
- f1
(1)
Section 35(1) is amended by paragraph 42 of Schedule 26 to the Criminal Justice Act 2003 (c. 44) from a date to be appointed. There are other amendments to section 35(1) not relevant to these Regulations.
- f2
(2)
Section 36A was inserted by section 40(1) of, and paragraphs 7 and 16 of Schedule 5 to, the Food Standards Act 1999 (c. 28).