The Fish Labelling Regulations (Northern Ireland) 2013

Regulation 9

SCHEDULE N.I. Application and modification of the Order

PART 1 N.I. General

1.  The following provisions of the Order apply for the purposes of these Regulations with the following modifications— N.I.

Article of the Order	Modification
Article 4 (presumptions that food intended for human consumption)	For “this Order” substitute “ the Fish Labelling Regulations (Northern Ireland) 2013 ”
Article 19 (offences due to fault of another person)	For “any of the preceding provisions of this Part”, substitute “ Article 9(2), as applied by regulation 4 of the Fish Labelling Regulations (Northern Ireland) 2013, or regulation 7 or 8 of those Regulations ”
Article 20 (defence of due diligence)	In paragraph (1), for “any of the preceding provisions of this Part” substitute “ Article 9(2), as applied by regulation 4 of the Fish Labelling Regulations (Northern Ireland) 2013, or regulation 6 or 7 of those Regulations ” Omit paragraphs (2) to (4)
Article 29 (procurement of samples)	In paragraph (b)(ii), after “under Article 34”, insert “ as applied by regulation 9 of and the Schedule to the Fish Labelling Regulations (Northern Ireland) 2013 ”
Article 30(8) (which relates to documentary evidence) Article 34 (obstruction etc of officers) Article 36 (1) and (2) (punishment of offences)	In paragraph (1), after “Article 34(1)”, insert “ as applied by regulation 9 of, and the Schedule to, the Fish Labelling Regulations (Northern Ireland) 2013 ” After paragraph (1), insert— “(1A) A person guilty of an offence under Article 9(2), as applied by regulation 4 of the Fish Labelling Regulations (Northern Ireland) 2013, shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. ” In paragraph (2)— (a) for “any other offence under this Order”, substitute “ an offence under Article 34(2) as applied by regulation 9 of, and the Schedule to, the Fish Labelling Regulations (Northern Ireland) 2013 ”; (b) in paragraph (b), for “the relevant amount” substitute “ the statutory maximum ”

PART 2 N.I. Powers of entry

1.  For the purpose of enabling an authorised officer of an enforcement authority to ascertain whether there is, or has been, any contravention of a consumer information requirement or traceability requirement, Article 33 of the Order (powers of entry) is modified in its application to these Regulations as follows — N.I.

(a) in paragraph (1)(a), after “made under it” insert “ , or of a consumer information requirement or a traceability requirement ”;

(b) after paragraph (9), insert—

“(10) In this Article, “consumer information requirement” and “traceability requirement” have the meanings given by regulation 3(1) of the Fish Labelling Regulations (Northern Ireland) 2013.”.