The Spirit Drinks, Wine and European Union Withdrawal (Consequential Modifications) (Amendment) (EU Exit) Regulations 2020

Statutory Instruments

2020 No. 1636

Exiting The European Union

Agriculture

Food

The Spirit Drinks, Wine and European Union Withdrawal (Consequential Modifications) (Amendment) (EU Exit) Regulations 2020

Made

11.00 a.m. on 23rd December 2020

Laid before Parliament

2.00 p.m. on 23rd December 2020

Coming into force in accordance with regulation 1(2) and (3)

The Secretary of State makes these Regulations in exercise of the powers conferred—

(a) in relation to regulations 2 and 3, and regulation 1 so far as it relates to regulations 2 and 3, by section 2(2) of the European Communities Act 1972(1);

(b) otherwise, by section 6(1) of the Direct Payments to Farmers (Legislative Continuity) Act 2020(2).

As regards regulation 2, the Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the description of and other requirements relating to spirit drinks(3).

As regards regulation 3, the Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to—

(a) the common agricultural policy(4);

(b) food and drink intended for sale for human consumption, including the presentation, packaging, labelling, marketing and advertising of such food and drink(5).

In accordance with section 6(5) of the Direct Payments to Farmers (Legislative Continuity) Act 2020, the Secretary of State has obtained the required consent from the Scottish Ministers, Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland insofar as these Regulations are made under section 6(1) of that Act.

(1)

1972 c. 68 (“the ECA 1972”). Section 2(2) of the ECA 1972 was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7). The ECA 1972 is repealed on exit day by the European Union (Withdrawal) Act 2018 (c. 16), but continues to have effect until IP completion day pursuant to section 1A of the European Union (Withdrawal) Act 2018, inserted by section 1 of the European Union (Withdrawal Agreement) Act 2020 (c. 1). For the meaning of “IP completion day” see section 39 of the European Union (Withdrawal Agreement) Act 2020. Under section 57 of the Scotland Act 1998 (c. 46), despite the transfer to Scottish Ministers of functions in relation implementing obligations under EU law in respect of devolved matters, the function of the Secretary of State continues to be exercisable by the Secretary of State as regards Scotland for the purposes specified in section 2(2) of the ECA 1972. Under paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32), despite the transfer to the Welsh Ministers of functions in relation to implementing any EU obligation in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Wales. The Secretary of State’s power, as a Minister so designated, to make regulations which extend to Northern Ireland is confirmed by article 3(2) of S.I. 2000/2812.

(2)

2020 c. 2.

(3)

S.I. 1989/1327, to which there are amendments not relevant to these Regulations. The functions of the Minister of Agriculture, Fisheries and Food were transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Regulations 2002 (S.I. 2002/794).

(4)

S.I. 1972/1811, to which there are amendments not relevant to these Regulations.

(5)

S.I. 2005/2766, to which there are amendments not relevant to these Regulations.