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

The Spirit Drinks Regulations 2008 N.I.

13.—(1) The Spirit Drinks Regulations 2008 are amended as follows.

(2) For “relevant court”, in each place it occurs, substitute “magistrates' court”.

(3) In regulation 1—

(a) in the heading, for “and commencement” substitute “ , commencement and extent ”;

(b) number the existing paragraph as paragraph (1);

(c) after paragraph (1) (as numbered by sub-paragraph (b)), insert—

“(2) They extend to Northern Ireland.”

(4) In regulation 3—

(a) for the definition of “food authority” substitute—

““food authority” means a district council;”;

(b) for the definition of “port health authority” substitute—

““port health authority” means, in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984 M1 , the port health authority for that district;”;

(c) omit the definition of “relevant court”.

(5) In regulation 5(1) insert “ in Northern Ireland ” after—

(a) “responsible”;

(b) “market” in both places it occurs.

(6) In regulation 6—

(a) in paragraph (2), for the words from “being” to the end substitute—

“being—

(a) imported into, or exported from, Northern Ireland;

(b) moved from Northern Ireland into Great Britain;

(c) moved into Northern Ireland from Great Britain”;

(b) in paragraph (4), for the words from “being” to the end substitute—

“being—

(a) imported into, or exported from, Northern Ireland;

(b) moved from Northern Ireland into Great Britain;

(c) moved into Northern Ireland from Great Britain”.

(7) In regulation 7(2), for the words from “being” to the end substitute—

“being—

(a) imported into, or exported from Northern Ireland;

(b) moved from Northern Ireland into Great Britain;

(c) moved into Northern Ireland from Great Britain”.

(8) In regulation 10—

(a) for paragraph (2) substitute—

“(2) The authorised officer may take with them such other person as they consider necessary.”;

(b) in paragraph (5), for “justice of the peace” substitute “ lay magistrate ”;

(c) omit paragraphs (14) and 15.

(9) In regulation 12—

(a) for paragraph (16) substitute—

“(16) The procedure in a magistrates' court under this regulation is by way of complaint, and the Magistrates' Courts (Northern Ireland) Order 1981 M2 applies to the proceedings.”;

(b) omit paragraph (17).

(10) In regulation 14—

(a) for paragraph (2) substitute—

“(2) The procedure on an appeal to a magistrates' court under paragraph (1) is by way of complaint, and the Magistrates' Courts (Northern Ireland) Order 1981 applies to the proceedings.”;

(b) omit paragraph (3).

(11) Omit regulation 30(9).

Commencement Information

I1 Reg. 13 in force at 31.12.2020, see reg. 1(7)

Marginal Citations

M1 1984 c. 22.

M2 S.I. 1981/1675 (N.I.26).