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

The Wine Regulations 2011E+W+S

This section has no associated Explanatory Memorandum

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 [F1and 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

F2See S.I. 2020/1636 for amendments to S.I. 2011/2936 concerning “the 1416/2006 prohibition”.

Commencement Information

I1Reg. 11 in force at 31.12.2020, see reg. 1(7)

Marginal Citations

M21990 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).