The Nutrition (Amendment etc.) (EU Exit) Regulations 2020

Amendment of Part 4 of the 2019 Regulations E+W+S

5.—(1) Part 4 of the 2019 Regulations (amendment of EU Regulations) is amended as follows.

(2) In regulation 17 (amendment of Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods)—

(a) in paragraph (2)(c)(iv), in the substituted words, for “ by regulations prescribe ” substitute “publish guidelines setting out”;

(b) in paragraph (3)(b)(iv)—

(i) in inserted point (8), omit paragraph (d);

(ii) for inserted point (9), substitute—

“(9) The appropriate authority is the Secretary of State if consent is given by:

(a) for regulations, guidelines, applications or the register of claims in relation to Scotland, the Scottish Ministers;

(b) for regulations, guidelines, applications or the register of claims in relation to Wales, the Welsh Ministers;”;

(iii) in inserted point (10), for “, the Welsh Ministers” to the end of that point, substitute “ and the Welsh Ministers ”;

(c) in paragraph (4)(b)(ii), in the substituted words, for “ the United Kingdom ” substitute “Great Britain”;

(d) in paragraph (15)(d), in the inserted words—

(i) for “exit day” in both places, substitute “ IP completion day ”;

(ii) for “the United Kingdom” substitute “ Great Britain ”;

(e) in paragraph (16)—

(i) in sub-paragraph (a), in the inserted words—

(aa) for “the United Kingdom” (in inserted paragraph 1A(a)) substitute “ Great Britain ”;

(bb) for “, Wales or Northern Ireland” (in inserted paragraph 1A(b)) substitute “ or Wales ”;

(cc) for sub-paragraphs (d) and (e) (in inserted paragraph 1B) substitute—

“(d) for authorisation in Great Britain, any competent authority.”;

(ii) in sub-paragraph (c), in the inserted words—

(aa) for “the United Kingdom” substitute “ Great Britain ”;

(bb) for “, Wales or Northern Ireland” substitute “ or Wales ”;

(f) in paragraph (18)(c)—

(i) in paragraph (i), in the substituted words—

(aa) for “UK-wide” substitute “ Great Britain-wide ”;

(bb) at the end of substituted paragraph (b), insert “ and ”;

(cc) omit substituted paragraph (d) and “; and” immediately preceding it;

(dd) for “, Wales and Northern Ireland” substitute “ and Wales ”;

(ii) in paragraph (ii), in the inserted words, for “, Wales or Northern Ireland” substitute “ or Wales ”;

(g) in paragraph (19)—

(i) in sub-paragraph (b), in the inserted words—

(aa) for “the United Kingdom” (in inserted paragraph 1A(a)) substitute “ Great Britain ”;

(bb) for “, Wales or Northern Ireland” (in inserted paragraph 1A(b)) substitute “ or Wales ”;

(cc) for sub-paragraphs (d) and (e) (in inserted paragraph 1B) substitute—

“(d) for use of the health claim in Great Britain, any competent authority.”;

(ii) in sub-paragraph (e), in the substituted words—

(aa) for “the United Kingdom” substitute “ Great Britain ”;

(bb) at the end of substituted paragraph (b), insert “ and ”;

(cc) omit substituted paragraph (d) and “; and” immediately preceding it;

(dd) for “, Wales and Northern Ireland” substitute “ and Wales ”;

(iii) in sub-paragraph (f), in the inserted words, for “, Wales or Northern Ireland” substitute “ or Wales ”;

(h) in paragraph (23)—

(i) in the inserted Article 21B (regulations: Secretary of State), in paragraph 4—

(aa) for “, Wales or Northern Ireland” substitute “ or Wales ”;

(bb) omit sub-paragraph (c) and the “;” immediately preceding it;

(ii) omit the inserted Article 21E (regulations: Department of Health).

(3) In regulation 18 (amendment of Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to food)—

(a) in paragraph (3)(b), in the inserted words—

(i) omit inserted point (3)(d);

(ii) omit inserted point (4)(c);

(iii) in inserted point (5), for “, the Welsh Ministers and in relation to Northern Ireland, the Department of Health” substitute “ or the Welsh Ministers ”;

(b) in paragraph (10)(c), in the substituted words, for “ the United Kingdom ” substitute “Great Britain”;

(c) in paragraph (11)—

(i) in the inserted Article 9B (regulations: Secretary of State), in paragraph 3—

(aa) for “, Wales or Northern Ireland” substitute “ or Wales ”;

(bb) at the end of sub-paragraph (a) insert “ and ”;

(cc) omit sub-paragraph (c) and “; and” immediately preceding it;

(ii) omit the inserted Article 9E (regulations: Northern Ireland).

(4) In regulation 19 (amendment of Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009)—

(a) for “UK” in each place where those letters appear, substitute “ Great Britain ”;

(b) for “the United Kingdom” in each place where those words appear, substitute “ Great Britain ”;

(c) in paragraph (11)(a), in the substituted words, for “, the Welsh Ministers and in relation to Northern Ireland, the Department of Health” substitute “ and the Welsh Ministers ”;

(d) in paragraph (15)—

(i) in the inserted Article 16A (regulations)—

(aa) in paragraph 1, omit sub-paragraph (c);

(bb) in paragraph 3, omit sub-paragraph (d);

(ii) omit the inserted Article 16E (regulations: Northern Ireland).

Commencement Information

I1 Reg. 5 in force at 31.12.2020 immediately before IP completion day, see reg. 1(2)