The Poultrymeat (Scotland) Regulations 2011

Interpretation S

2.—(1) In these Regulations—

“the Agency” means the [F1 Food Standards Scotland];

“authorised officer” means any person who has written authority from an enforcement authority to act in matters arising under these Regulations;

“Commission Regulation” means Commission Regulation (EC) No 543/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultrymeat, as amended from time to time;

“computer equipment” means any computer, and any associated electronic storage device or apparatus;

“contravene” includes fail to comply, and contravention is to be construed accordingly;

[F2 “Council Regulation 2013” means Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, as amended from time to time,]

“cutting plant” means an establishment used for boning and/or cutting up meat;

“enforcement authority” means an authority exercising a function conferred on it by regulation 8;

“ [F3 retained EU] poultrymeat provision” means a provision of the Single CMO Regulation [F4 or, as the case may be, Council Regulation 2013] or the Commission Regulation specified in column 1 of Part 1 or 2 of Schedule 1, as read with any provision mentioned in the corresponding entry in column 2 of Part 1 or 2 of that Schedule;

“food authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M1 ;

[F5 “poultrymeat” “has the meaning given by point II(1) of Part V of Annex VII to Council Regulation 2013;]

“premises” means any place, including those requiring inspection under Article 12(5)(a) to (d) of the Commission Regulation, and any vehicle, trailer, stall or moveable structure;

“relevant individual” means—

(a)

in relation to a body corporate—

(i)

a director, manager, secretary or other similar officer of the body;

(ii)

where the affairs of the body are managed by its members, a member;

(b)

in relation to a Scottish partnership, a partner;

(c)

in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association; and

“Single CMO Regulation” means Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation).

(2) In these Regulations, any reference to Part B of Annex XIV to the Single CMO Regulation is a reference to Part B of Annex XIV as amended from time to time.

(3) Any expressions used in these Regulations to which meanings are given in either the Single CMO Regulations [F6 or, as the case may be, Council Regulation 2013] or the Commission Regulation have the same meaning as in those EU Regulations.

Textual Amendments

F1 Words in reg. 2(1) substituted (1.4.2015) by The Food (Scotland) Act 2015 (Consequential and Transitional Provisions) Order 2015 (S.S.I. 2015/100), arts. 1(2), 2, sch. para. 30

F2 Words in reg. 2(1) substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 43(3)

F3 Words in reg. 2(1) substituted (31.12.2020) by The Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 (S.S.I. 2019/347), regs. 1(3), 5(3); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 2(1) inserted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 23(3)(a)(ii)

F5 Words in reg. 2(1) substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 23(3)(a)(iii)

F6 Words in reg. 2(3) inserted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 23(3)(b)

Marginal Citations

M1 1994 c.39, as amended by the Environment Act 1995 (c.25), sch. 22, para. 232(1)