The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020

The Wine Regulations 2011 E+W+S

11.—(1) The Wine Regulations 2011 are amended as follows.

(2) For any reference to “European Regulations” substitute “ retained EU Regulations ”.

(3) After regulation 1(3) insert—

“(4) All the other provisions extend to Great Britain.”.

(4) In regulation 2—

(a) in paragraph (1)(a), for “EU instruments” substitute “ any of the Regulations listed in the definition of “the retained EU Regulations” in paragraph (2) ”;

(b) in paragraph (2)—

(i) in the definition of “the Agency”, in sub-paragraph (a), for “, Wales and Northern Ireland” substitute “ and Wales ”;

(ii) omit the definition of “premises” and after the definition of “authorised officer” insert—

““premises” includes any land or vehicle;”.

(5) In regulation 3—

(a) for paragraph (1) substitute—

“(1) The local authority enforces the retained EU Regulations [F1 and the 1416/2006 prohibition]F2 in relation to retail sale.”;

(b) omit paragraphs (4) and (8).

(c) after paragraph (9) insert—

“(10) In this regulation—

(a) “general customs official” means a general customs official designated under section 3(1) of the Borders, Citizenship and Immigration Act 2009 M1 ;

(b) “local authority” means an authority (other than the council of a non-metropolitan district) that is a food authority for the purposes of the Food Safety Act 1990 M2 .”.

(6) In regulation 4—

(a) in paragraph (1)—

(i) at the beginning insert “ In respect of Great Britain, ”;

(ii) omit “, and acts as the Member State for,”;

(b) in paragraph (2)—

(i) in sub-paragraph (a)(i) omit “or Member State”;

(ii) omit sub-paragraph (b);

(c) in paragraph (3) omit sub-paragraph (b).

(7) For regulation 8(4) substitute—

“(4) An authorised officer entering any premises by virtue of this regulation or regulation 9 may be accompanied by such other person as the officer considers necessary.”.

(8) In regulation 9—

(a) in paragraph (1), in the words before sub-paragraph (a) omit the words from “or in Northern” to “writing,”;

(b) for paragraph (5) substitute—

“(5) In this regulation, in Scotland, a reference to a justice of the peace includes a sheriff.”.

(9) In regulation 16(2) omit sub-paragraph (d).

Textual Amendments

F1 Words in reg. 11(5)(a) inserted (31.12.2020 immediately before IP completion day) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(2)(b), 16(3)

F2 See S.I. 2020/1636 for amendments to S.I. 2011/2936 concerning “the 1416/2006 prohibition”.

Commencement Information

I1 Reg. 11 in force at 31.12.2020, see reg. 1(7)

Marginal Citations

M1 2009 c. 11.

M2 1990 c. 16; section 5 of the Act was amended by paragraph 16(1) of Schedule 9 to the Local Government (Wales) Act 1994 (c. 19), paragraph 163(2) of Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c. 39), paragraphs 7, 8 and 9 of Schedule 5 to the Food Standards Act 1999 (c. 28) and Part 1 of Schedule 3 to the Public Health etc. (Scotland) Act 2008 (asp 5).