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The Nutrition (Amendment etc.) (EU Exit) Regulations 2020 in Northern Ireland

S.I. 2020/1476 · Made 7 December 2020 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 21 February 2021.

Exiting The European Union

Food

Made 7th December 2020

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 8(1), 8C(1) and 23 of, and paragraphs 21 and 38 of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1 and section 41(1) of the European Union (Withdrawal Agreement) Act 2020 M2.

A draft of this instrument has been approved by a resolution of each House of Parliament, in accordance with paragraphs 1 and 8F of Schedule 7 to the European Union (Withdrawal) Act 2018.

There has been consultation as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety M3.

Annotations to the whole text

Marginal citations

M1

2018 c. 16. The European Union (Withdrawal) Act 2018 was amended by the European Union (Withdrawal Agreement) Act 2020 (c. 1) (“the 2020 Act”). Section 8C was inserted by section 21 of the 2020 Act. Paragraph 8F of Schedule 7 was inserted by section 41(4) of, and paragraphs 38 and 51 of Schedule 5 to, the 2020 Act. Paragraph 21 of Schedule 7 was amended by section 41(4) of, and paragraphs 38 and 53 of Schedule 5 to, the 2020 Act.

M2

2020 c. 1.

M3

OJ No. L 31, 1.2.2002, p. 1, last amended by Regulation (EU) 2019/1381 (OJ No. L 231, 6.9.2019, p.1).

Contents

  1. Part 1: Preliminary
  2. 1Citation, commencement, application and interpretation
  3. Part 2: Amendment of the 2019 Regulations
  4. 2Amendment of Part 1 of the 2019 Regulations
  5. Part 4: Revocation
  6. 11Revocation of the Nutrition (Amendment) (Northern Ireland) (EU Exit) Regulations 2019
  7. Signature
  8. Explanatory note

1Citation, commencement, application and interpretationI1

(1)

These Regulations may be cited as the Nutrition (Amendment etc.) (EU Exit) Regulations 2020.

(2)

This Part, Part 2 and Part 4 come into force immediately before IP completion day.

(3)

Part 3 comes into force on IP completion day.

(4)

This regulation and regulation 2 apply to the United Kingdom.

(5)

Regulations 3, 5 and 6 and Part 3 apply to England and Wales and Scotland only.

(6)

Regulation 4 applies to England only.

(7)

Part 4 applies to Northern Ireland only.

(8)

In these Regulations “the 2019 Regulations” means the Nutrition (Amendment etc.) (EU Exit) Regulations 2019 M1.

2Amendment of Part 1 of the 2019 RegulationsI1

In Part 1 of the 2019 Regulations (preliminary), in regulation 1(2) (application), for “the United Kingdom” substitute “ England and Wales and Scotland ”.

11Revocation of the Nutrition (Amendment) (Northern Ireland) (EU Exit) Regulations 2019I1 N.I.

The Nutrition (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 M1 are revoked.

Signature

Signed by authority of the Secretary of State for Health and Social Care

Edward Argar

Minister of State,

Department of Health and Social Care

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by sections 8(1) and 23 of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) (“the 2018 Act”) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (a) to (d), (f) and (g) of section 8(2) of that Act), and to make consequential and supplementary provision arising from the withdrawal of the UK from the European Union, and make consequential and supplementary provision relating to the withdrawal.

Section 8C(1)(a) of the 2018 Act is also relied upon in Part 2 which amends the Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651) to ensure that those Regulations do not apply to Northern Ireland and that the amendments made by those Regulations do not relate to Northern Ireland. The Part 2 amendments also ensure that certain amendments made by those Regulations of retained EU law in the field of nutrition and health claims operate effectively. Section 41(1) of the European Union (Withdrawal Agreement) Act 2020 (c. 1) is relied upon in regulation 5(2)(d) to substitute “IP completion day” for references to “exit day” in S.I. 2019/651. Regulation 6(6) amends regulation 46 of S.I. 2019/651 so that retained EU law in the field of nutrition and health claims is amended.

Part 3 also amends retained EU law in the field of nutrition and health claims.

Section 8C(1)(c) of the 2018 Act is relied upon in Part 4 in order to revoke the Nutrition (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/650). Those Regulations amended EU-derived domestic legislation. As a consequence of the Protocol on Ireland / Northern Ireland in the EU withdrawal agreement, those amendments are no longer required.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.