The Eggs and Chicks (Wales) Regulations 2009

Application of various provisions of the Act

21.—(1) The following provisions of the Act apply for the purposes of these Regulations with the modifications specified in paragraph (2)—

• section 3 (presumptions that food intended for human consumption);

• section 20 (offences due to fault of another person);

• section 21(1) (defence of due diligence);

• section 29 (procurement of samples);

• section 30(8) (documentary evidence);

• section 32(1) to (8)(2) (powers of entry);

• section 36 (offences by bodies corporate);

• section 36A(3) (offences by Scottish partnerships);

• section 44 (protection of officers acting in good faith);

• section 46(1) (expenses of authorised officers); and

• section 50(4) (service of documents).

(2) The modifications are—

(a) construe any reference in the provisions specified in paragraph (1) to the Act (or a Part of the Act) as a reference to these Regulations, and also, in relation to section 32(1)(a), construe the reference to “the provisions of this Act” as a reference to the provisions mentioned in Schedules 2 and 3;

(b) construe any reference in the provisions specified in paragraph (1) to an authorised officer, or an officer of an enforcement authority or food authority, as a reference to an authorised officer as defined in regulation 3(1) of these Regulations;

(c) in relation to section 20, construe the reference to the section as including a reference to that section as applied to these Regulations by paragraph (1);

(d) in relation to section 21(2), replace the words “section 14 or 15 above” with the words “these Regulations”;

(e) in relation to section 29—

(i) in paragraph (b)(ii), construe the reference to section 32 as including a reference to section 32 as applied to these Regulations by paragraph (1); and

(ii) in paragraph (d), omit the words “or of regulations or orders made under it”;

(f) in relation to section 30(8)(a), omit the words “under subsection (6) above”;

(g) in relation to section 32—

(i) in subsection(1)(a), omit the words “, or of regulations or orders made under it”;

(ii) in subsection (4), construe the reference to the section as including a reference to that section as applied to these Regulations by paragraph (1);

(iii) in subsection (5), construe the reference to the section as including a reference to that section as applied to these Regulations by paragraph (1) and construe the reference to “a food business” as including a hatchery;

(iv) in subsection (6)(a), omit the words “or of regulations or orders made under it”; and

(v) in subsection (7), construe the reference to the section as including a reference to that section as applied to these Regulations by paragraph (1); and

(h) in relation to section 44, construe any reference to a food authority as a reference to an enforcement authority.

(1)

Section 21(2) was amended by S.I. 2004/3279.

(2)

Section 32 was amended by paragraph 18 of Schedule 2 to the Criminal Justice and Police Act 2001 (c. 16).

(3)

Section 36A was inserted by paragraphs 7 and 16 of Schedule 5 to the Food Standards Act 1999.

(4)

Section 50 was amended by paragraph 18 of Schedule 16 to the Deregulation and Contracting Out Act 1994.