{
  "url": "https://openlegislation.uk/novel-foods-wales-regulations-2017/schedule-2/part-3",
  "json_url": "https://openlegislation.uk/novel-foods-wales-regulations-2017/schedule-2/part-3.json",
  "legislation": "wsi/2017/1103",
  "legislation_title": "The Novel Foods (Wales) Regulations 2017",
  "legislation_url": "https://openlegislation.uk/novel-foods-wales-regulations-2017",
  "path": "schedule/2/part/3",
  "kind": "part",
  "number": "3",
  "heading": "Application and modification of other provisions of the Act",
  "text": "Column 1\nProvision of the Act\nColumn 2\nModifications\n(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.\n(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).\nSection 2 (extended meaning of “sale” etc.)\nFor “this Act” (in each place it occurs) substitute “the Novel Foods (Wales) Regulations 2017”.\nSection 3 (presumptions that food intended for human consumption)\nIn subsection (1), for “this Act” substitute “the Novel Foods (Wales) Regulations 2017”.\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 5(1) of the Novel Foods (Wales) Regulations 2017 or under regulation 4 of those Regulations”.\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 5(1) of the Novel Foods (Wales) Regulations 2017 or under regulation 4 of those Regulations”.\nSection 30(6) and (8) (evidence of certificates given by a food analyst or examiner)\nIn subsection (8), for “this Act” substitute “the Novel Foods (Wales) Regulations 2017”.\nSection 32 (powers of entry)\nIn 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 6 of Regulation (EU) 2015/2283 is being or has been contravened on the premises;”.\nSection 33 (obstruction etc. of officers)\nIn subsection (1), for “this Act” (in each place it occurs) substitute “the Novel Foods (Wales) Regulations 2017”.\nSection 35(1) and (2) (punishment of offences)\nIn 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”.\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 5 of, and Part 3 of Schedule 2 to, the Novel Foods (Wales) Regulations 2017,”.\nSection 36 (offences by bodies corporate)\nIn 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”.\nSection 36A(offences by Scottish partnerships)\nFor “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”.\nSection 37(1) and (6) (appeals to a magistrates’ court)\nFor subsection (1) substitute—\n“(1) Any person who is aggrieved by a decision of an authorised officer of a food authority to serve an improvement notice under section 10(1), as applied and modified by regulation 5 of, and Part 1 of Schedule 2 to, the Novel Foods (Wales) Regulations 2017, 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 5 of, and Part 1 of Schedule 2 to, the Novel Foods (Wales) Regulations 2017, 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": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 Pt. 3 in force at 1.1.2018, see reg. 1(3)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "(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."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "(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)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2017/1103/schedule/2/part/3",
    "retrieved_at": "2026-10-28T23:24:50.653810+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."
}