The Olive Oil (Marketing Standards) Regulations 2014

PART 1 U.K. Introduction

Citation and commencement E+W+S

1.  These Regulations may be cited as the Olive Oil (Marketing Standards) Regulations 2014 and come into force on 1st March 2014 except for regulation 5(2)(c) which comes into force on 13th December 2014.

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Commencement Information

I1 Reg. 1 in force at 1.3.2014, see reg. 1

Citation[F4 , commencement and extent] N.I.

1.— [F5 (1)] These Regulations may be cited as the Olive Oil (Marketing Standards) Regulations 2014 and come into force on 1st March 2014 except for regulation 5(2)(c) which comes into force on 13th December 2014.

[F6 (2) They extend to Northern Ireland.]

Extent Information

E3 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F4 Words in reg. 1 heading substituted (N.I.) (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 8(2)(a)

F5 Reg. 1 renumbered as reg. 1(1) (N.I.) (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 8(2)(b)

F6 Reg. 1(2) inserted (N.I.) (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 8(2)(c)

Commencement Information

I4 Reg. 1 in force at 1.3.2014, see reg. 1

Interpretation E+W+S

2.—(1) In these Regulations—

“appropriate authority” means—

(a)

the food authority;

(b)

in England, the Secretary of State;

(c)

in Wales, the Welsh Ministers;

(d)

in Scotland, the Scottish Ministers; and

(e)

in Northern Ireland, the Department of Agriculture and Rural Development;

“food authority” means—

(a)

in England—

(i)

any county council;

(ii)

any district council;

(iii)

any London borough council;

(iv)

the Common Council of the City of London (including the Temples) in its capacity as a local authority; or

(v)

the Council of the Isles of Scilly;

(b)

in Wales, any county council or any county borough council;

(c)

in Scotland, any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(1); and

(d)

in Northern Ireland, any district council.

(2) In these Regulations references to—

(a) Article 78(1)(g) and (2) of and Part VIII of Annex VII to Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007(2),

(b) Commission Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis(3), and

(c) Commission Implementing Regulation (EU) No 29/2012 on marketing standards for olive oil(4),

(referred to in these Regulations as “the [F1 retained] EU Regulations”) are references to the provisions of the Regulation specified in sub-paragraph (a) and to the Regulations specified in sub-paragraphs (b) and (c) as amended from time to time.

(3) [F2 Except to the extent that paragraphs (1) and (2) provide otherwise, expressions] used in these Regulations and the [F3 retained] EU Regulations have the same meaning in these Regulations as they have in the [F3 retained] EU Regulations.

Extent Information

E2 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F1 Word in reg. 2(2) inserted (E.W.S.) (31.12.2020) by The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/824), regs. 1, 8(2) (as amended by S.I. 2020/1453, regs. 1(2)(b), 11(2)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 2(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 18(2); 2020 c. 1, Sch. 5 para. 1(1)

F3 Word in reg. 2(3) inserted (E.W.S.) (31.12.2020) by The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/824), regs. 1, 8(3) (as amended by S.I. 2020/1453, regs. 1(2)(b), 11(2)(c)); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I2 Reg. 2 in force at 1.3.2014, see reg. 1

Interpretation N.I.

2.— [F7 (1) In these Regulations, “the Department” means the Department of Agriculture, Environment and Rural Affairs.]

(2) In these Regulations references to—

(a) Article 78(1)(g) and (2) of and Part VIII of Annex VII to Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007(2),

(b) Commission Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis(3), and

(c) Commission Implementing Regulation (EU) No 29/2012 on marketing standards for olive oil(4),

(referred to in these Regulations as “the EU Regulations”) are references to the provisions of the Regulation specified in sub-paragraph (a) and to the Regulations specified in sub-paragraphs (b) and (c) as [F8 they have effect by virtue of section 7A of the European Union (Withdrawal) Act 2018 and as amended from time to time].

(3) [F2 Except to the extent that paragraphs (1) and (2) provide otherwise, expressions] used in these Regulations and the EU Regulations have the same meaning in these Regulations as they have in the EU Regulations.

Extent Information

E4 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F2 Words in reg. 2(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 18(2); 2020 c. 1, Sch. 5 para. 1(1)

F7 Reg. 2(1) substituted (N.I.) (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 8(3)(a)

F8 Words in reg. 2(2) substituted (N.I.) (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 8(3)(b)

Commencement Information

I5 Reg. 2 in force at 1.3.2014, see reg. 1

Notices U.K.

3.—(1) A notice served under regulation 5 must be in writing and may be served on a person by—

(a) personal delivery;

(b) leaving it at the person’s proper address; or

(c) sending it by post or by electronic means to the person’s proper address.

(2) In the case of a body corporate, a notice may be served on an officer of that body.

(3) In the case of a partnership, a notice may be served on a partner or person who has control or management of the partnership business.

(4) In the case of an unincorporated association, a notice may be served on an officer of the association or member of its governing body.

(5) For the purposes of this regulation and section 7 of the Interpretation Act 1978(5) (which relates to the service of documents by post) in its application to this regulation, “proper address” means—

(a) in the case of a body corporate or an officer of that body—

(i) the registered or principal office of the body; or

(ii) the email address of the officer;

(b) in the case of a partnership or a partner or person who has control or management of the partnership business—

(i) the principal office of the partnership; or

(ii) the email address of the partner or person who has that control or management;

(c) in the case of an unincorporated association or an officer of the association or member of its governing body—

(i) the principal office of the association; or

(ii) the email address of the officer or member;

(d) in any other case, a person’s last known address, which includes an email address.

(6) For the purposes of paragraph (5), the principal office of a body corporate registered outside the United Kingdom or of a partnership or unincorporated association carrying on business outside the United Kingdom is its principal office in United Kingdom.

(7) If a person to be served with a notice has specified an address in the United Kingdom (other than that person’s proper address) at which that person or someone on that person’s behalf will accept notices, that address must instead be treated as that person’s proper address.

Commencement Information

I3 Reg. 3 in force at 1.3.2014, see reg. 1

(1)

1994 c. 39.

(2)

OJ No L 347, 20.12.2013, p671.

(3)

OJ No L 248, 5.9.1991, p1, as last amended by Commission Implementing Regulation (EU) No 299/2013 (OJ No L 90, 28.3.2013, p52). Further amendments are made by Commission Implementing Regulation (EU) No 1348/2013 (OJ No L 338, 17.12.2013, p31) with effect from 1.3.2014.

(4)

OJ No L 12, 14.1.2012, p14, as last amended by Commission Regulation (EU) No 519/2013 (OJ No L 158, 10.6.2013, p74). Further amendments are made by Commission Implementing Regulation (EU) No 1335/2013 (OJ No L 335, 14.12.2013, p14) with effect from 13.12.2014.

(5)

1978 c. 30.