The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007

Regulation 22

[F1 SCHEDULE 13 E+W+S Application and modification of provisions of the Act

Textual Amendments

F1 Sch. 13 inserted (6.4.2018) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2018 (S.I. 2018/352), reg. 1(1), Sch. 2

Provision of the Act	Modifications
Section 2 (extended meaning of “sale” etc.)	In subsection (1), for “this Act” substitute “the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007”.
	In subsection (2), for “This Act” substitute “The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007”.
Section 3 (presumptions that food intended for human consumption)	In subsection (1), for “this Act” substitute “the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007”.
Section 10(1) and (2) (improvement notices)	For subsection (1), substitute— “(1)  If an authorised officer of an enforcement authority has reasonable grounds for believing that a person is failing to comply with any provision specified in subsection (1A) or is carrying out either a fluoride removal treatment or an ozone-enriched air treatment that has a disinfectant action, the authorised officer may, by a notice served on that person (in this Act referred to as an “improvement notice”)— (a) state the officer’s grounds for believing that the person is failing to comply with the relevant provision; (b) specify the matters which constitute the person’s failure so to comply; (c) specify the measures which, in the officer’s opinion, the person must take in order to secure compliance; and (d) require the person to take those measures, or measures that are at least equivalent to them, within such period (not being less than 14 days) as may be specified in the notice. (1A)  The provisions referred to in subsection (1) are— (a) any of regulations 4 to 15 of the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007; and (b) any of the following provisions of Commission Regulation (EU) No 115/2010 laying down the conditions for use of activated alumina for the removal of fluoride from natural mineral waters and spring waters— (i) Article 1(2) (requirement that fluoride removal treatment must be performed in accordance with the technical requirements set out in the Annex to Commission Regulation (EU) No 115/2010); (ii) the first sentence of Article 2 (requirement that the release of residues into natural mineral water or spring water as a result of fluoride removal treatment be as low as technically feasible according to best practices and not pose a risk to public health); (iii) the second sentence of Article 2 (requirement for operators to implement and monitor the critical processing steps set out in the Annex to Commission Regulation (EU) No 115/2010); (iv) Article 3(1) (requirement that the application of any fluoride removal treatment be notified to the competent authorities at least three months prior to use); and (v) Article 4 (requirement that the label on natural mineral water or spring water subjected to fluoride removal treatment include specified information in proximity to the statement of the analytical composition).”.
Section 20 (offences due to fault of another person)	For “any of the preceding provisions of this Part” substitute “section 10(2), as applied by regulation 22 of, and Schedule 13 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007”.
Section 21(1) and (5) (defence of due diligence)	In subsection (1), for “any of the preceding provisions of this Part (in this section referred to as “the relevant provision”)” substitute “section 10(2), as applied by regulation 22 of, and Schedule 13 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007”.
Section 29 (procurement of samples)	After “under section 32 below”, insert “as applied and modified by regulation 22 of, and Schedule 13 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007”. In paragraph (d), for the words from “this Act” to “under it” substitute “the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007”.
Section 30(6) and (8) (which relates to evidence of certificates given by a food analyst or examiner)	In subsection (8), for “this Act” substitute “the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007”.
Section 32(1) to (7) (powers of entry)	In subsection (1), for paragraphs (a) to (c) substitute— “(a) subject to paragraph (c), to enter any premises within the authority’s area for the purpose of ascertaining whether there is, or has been, on the premises a contravention of any of the following provisions of Commission Regulation (EU) No 115/2010 laying down the conditions for use of activated alumina for the removal of fluoride from natural mineral waters and spring waters— (i) Article 1(2) (requirement that fluoride removal treatment must be performed in accordance with the technical requirements set out in the Annex to Commission Regulation (EU) No 115/2010); (ii) the first sentence of Article 2 (requirement that the release of residues into natural mineral water or spring water as a result of fluoride removal treatment be as low as technically feasible according to best practices and not pose a risk to public health); (iii) the second sentence of Article 2 (requirement for operators to implement and monitor the critical processing steps set out in the Annex to Commission Regulation (EU) No 115/2010); (iv) Article 3(1) (requirement that the application of any fluoride removal treatment be notified to the competent authorities at least three months prior to use); and (v) Article 4 (requirement that the label on natural mineral water or spring water subjected to fluoride removal treatment include specified information in proximity to the statement of the analytical composition); and (b) to enter any business premises, whether within or outside the authority’s area, for the purpose of ascertaining whether there is on the premises any evidence of any contravention within that area of any of the provisions set out in paragraph (a); (c) but any premises which are a private dwelling-house (whether in whole or part) may only be entered for the purposes of paragraph (a) on production of a warrant which authorises such entry and, unless the warrant provides otherwise, admission to any premises used wholly as a private dwelling-house shall not be demanded;”. For subsection (2) substitute— “(2) If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry into any private dwelling-house for any purpose mentioned in subsection (1)(a) the justice may, by signed warrant, authorise the authorised officer to enter the private dwelling-house, if necessary by reasonable force.”.”. In subsection (6)(a), for the words from “this Act” to “under it” substitute “the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007”.
Section 33 (obstruction etc. of officers)	In subsection (1), for “this Act” in each place those words occur substitute “the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007”.
Section 35(1) and (2) (punishment of offences)	In subsection (1), after “section 33(1) above” insert “, as applied and modified by regulation 22 of, and Schedule 13 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007,”.
	After subsection (1), insert— “(1A) A person guilty of an offence under section 10(2), as applied by regulation 22 of, and Schedule 13 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007, is liable, on summary conviction, to a fine.”.
	In subsection (2), for “any other offence under this Act” substitute “an offence under section 33(2), as applied by regulation 22 of, and Schedule 13 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007,”.
Section 36 (offences by bodies corporate)	In subsection (1), for “this Act” substitute “section 10(2), as applied by regulation 22 of, and Schedule 13 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007,”.
Section 36A(offences by Scottish partnerships)	For “this Act” substitute “section 10(2), as applied by regulation 22 of, and Schedule 13 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007,”.
Section 37(1) and (6) (appeals)	For subsection (1) substitute— “(1)  Any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve an improvement notice under section 10(1), as applied and modified by regulation 22 of, and Schedule 13 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007, may appeal to the First-tier Tribunal.”.
	In subsection (6)— (a) for “(3) or (4)” substitute “(1)”; and (b) in paragraph (a), for a “magistrates’ court or to the sheriff” substitute “the First-tier Tribunal”.
Section 39 (appeals against improvement notices)	For subsection (1) substitute— “(1)  On an appeal against an improvement notice served under section 10(1), as applied and modified by regulation 22 of, and Schedule 13 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007, the First-tier Tribunal 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 First-tier Tribunal may in the circumstances think fit.”.
	In subsection (3), omit “for want of prosecution”.
Section 44 (protection of officers acting in good faith)	For “this Act” in each place those words occur substitute “the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007”.]