The Food Hygiene (Wales) Regulations 2006

Interpretation E+W

2.—(1) In these Regulations—

“the Act” (“y Ddeddf”) means the Food Safety Act 1990 M1 ;

“the Agency” (“yr Asiantaeth”) means the Food Standards Agency;

“authorised officer” (“swyddog awdurdodedig”), in relation to an enforcement authority, means any person (whether or not an officer of the authority) who is authorised by them in writing, either generally or specially, to act in matters arising under the Hygiene Regulations;

“the Community Regulations” (“Rheoliadau'r Gymuned”) means Regulation 852/2004, Regulation 853/2004, Regulation 854/2004, Regulation 2073/2005 and Regulation 2075/2005;

“enforcement authority” (“awdurdod gorfodi”) means the authority which, by virtue of regulation 5, is responsible for enforcing and executing the Hygiene Regulations;

“food authority” (“awdurdod bwyd”) has the meaning that it bears by virtue of section 5(1A) of the Act;

“the Hygiene Regulations” (“y Rheoliadau Hylendid”) means these Regulations and the Community Regulations;

“premises” (“mangre”) includes any establishment, any place, vehicle, stall or moveable structure and any ship or aircraft;

[F1 “Decision 2006/766” (“Penderfyniad 2006/766”), “Decision 2011/131” (“Penderfyniad 2011/131”), “Directive 2004/41” (“Cyfarwyddeb 2004/41”), “Regulation 178/2002” (“Rheoliad 178/2002”), “Regulation 852/2004” (“Rheoliad 852/2004”), “Regulation 853/2004” (“Rheoliad 853/2004”), “Regulation 854/2004” (“Rheoliad 854/2004”), “Regulation 882/2004” (“Rheoliad 882/2004”), “Regulation 1688/2005” (“Rheoliad 1688/2005”), “Regulation 2073/2005” (“Rheoliad 2073/2005”), “Regulation 2074/2005” (“Rheoliad 2074/20005”), “Regulation 2075/2005” (“Rheoliad 2075/2005”), “Regulation 1020/2008” (“Rheoliad 1020/2008”), “Regulation 1021/2008” (“Rheoliad 1021/2008”), “Regulation 219/2009” (“Rheoliad 219/2009”), “Regulation 596/2009” (“Rheoliad 596/2009”), “Regulation 669/2009” (“Rheoliad 669/2009”), “Regulation 1162/2009” (“Rheoliad 1162/2009”), “Regulation 739/2011” (“Rheoliad 739/2011”), “Regulation 809/2011” (“Rheoliad 809/2011”), “Regulation 880/2011” (“Rheoliad 880/2011”), “Regulation 1086/2011” (“Rheoliad 1086/2011”), “Regulation 1109/2011” (“Rheoliad 1109/2011”), “Regulation 1169/2011” (“Rheoliad 1169/2011”), “Regulation 1223/2011” (“Rheoliad 1223/2011”), “Regulation 1277/2011” (“Rheoliad 1277/2011”), “Regulation 16/2012” (“Rheoliad 16/2012”) and “Regulation 28/2012” (“Rheoliad 28/2012”) have the meanings respectively given to them in Schedule 1;]

“specified Community provision” (“darpariaeth Gymunedol benodedig”) means any provision of the Community Regulations that is specified in column 1 of Schedule 2 and whose subject-matter is described in column 2 of that Schedule.

(2) Subject to paragraph (3), any expression other than one defined in paragraph (1) that is used both in these Regulations and in the Act has the meaning it bears in the Act.

(3) Unless the context otherwise requires, any expression used both in these Regulations and in Regulation 178/2002 or the Community Regulations has the meaning it bears in Regulation 178/2002 or the Community Regulations, as the case may be.

(4) Where any functions under the Act are assigned—

(a) by an order under section 2 of the Public Health (Control of Disease) Act 1984 M2 , to a port health authority; or

(b) by an order under section 6 of the Public Health Act 1936 M3 , to a joint board for a united district,

any reference in these Regulations to a food authority shall be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.

(5) Where, apart from this paragraph, any period of less than seven days which is specified in these Regulations would include any day which is—

(a) a Saturday, a Sunday, Christmas Day or Good Friday; or

(b) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 M4 ,

that day will be excluded from the period.

[F2 (6) In these Regulations, any reference to an EU instrument defined in Schedule 1 is a reference to that instrument as any annex to it may be amended from time to time.]

Textual Amendments

F1 Words in reg. 2(1) substituted (30.7.2012) by The Food Hygiene (Wales) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/1765), regs. 1, 2(2)

F2 Reg. 2(6) inserted (30.7.2012) by The Food Hygiene (Wales) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/1765), regs. 1, 2(3)

Marginal Citations

M1 1990 c. 16.

M2 1984 c. 22; section 7(3)(d) was substituted by paragraph 27 of Schedule 3 to the Food Safety Act 1990 (1990 c. 16).

M3 1936 c. 49; section 6 is to be read with paragraph 1 of Schedule 3 to the Food Safety Act 1990.

M4 1971 c. 80.