Revocation and transitional arrangements

31.—(1) Regulations 2(3), 3, 5, 6, 7, 8 and 9 of the 1995 Regulations are revoked.

(2) The 1995 Regulations are revoked.

(3) A person does not commit an offence under regulation 28(1) consisting of a contravention of—

(a)regulation 3(1), where—

(i)the action that would otherwise constitute the offence consists of marketing infant formula which contravenes regulation 5, 6, 8, 10, 11, 12 or 14(1), (2) or (3) and

(ii)there is no offence under regulation 10(1) of the 1995 Regulations consisting of a contravention of regulation 2(1)(a)(i) or (ii) of those Regulations;

(b)regulation 3(2), where

(i)the action that would otherwise constitute the offence consists of marketing follow-on formula which contravenes regulation 5, 7, 9, 10, 11, 12 or 14(1), (2) or (3), and

(ii)there is no offence under regulation 10(1) of the 1995 Regulations consisting of a contravention of regulation 2(2)(a) or (b) of those Regulations; or

(c)regulation 4, where there is no offence under regulation 10(1) of the 1995 Regulations consisting of a contravention of regulation 2(1)(b)(i) or (ii) of those Regulations.

(4) The 1995 Regulations are amended in accordance with paragraph (5).

(5) The following paragraph is added at the end of regulation 10 (offences and enforcement) of the 1995 Regulations—

“(3) A person does not commit an offence under paragraph (1) consisting of a contravention of—

(a)regulation 2(1)(a)(i) or (ii), where there is no offence under regulation 3(1) of the 2007 Regulations consisting of a contravention of regulation 5, 6, 8, 10, 11, 12 or 14(1), (2) or (3) of those Regulations;

(b)regulation 2(1)(b)(i) or (ii), where there is no offence under regulation 4 of the 2007 Regulations; or

(c)regulation 2(2)(a) or (b), where there is no offence under regulation 3(2) of the 2007 Regulations consisting of a contravention of regulation 5, 7, 9, 10, 11, 12 or 14(1), (2) or (3) of those Regulations.

(4) In this regulation “the 2007 Regulations” means the Infant Formula and Follow-on Formula Regulations (Northern Ireland) 2007.”.

(6) In this regulation “the 1995 Regulations” means the Infant Formula and Follow-on Formula Regulations (Northern Ireland) 1995(1).