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The Olive Oil (Marketing Standards) Regulations 2014

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This is the original version (as it was originally made).

PART 1Introduction

Citation and commencement

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.

Interpretation

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 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) Expressions used in these Regulations and the EU Regulations have the same meaning in these Regulations as they have in the EU Regulations.

Notices

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.

(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.

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