SCHEDULE 5Application and modification of provisions of the Act

I1PART 2Application and modification of other provisions of the Act

Annotations:
Commencement Information
I1

Sch. 5 Pt. 2 in force at 22.12.2016, see reg. 1(3)

Column 1

Provision of the Act

Column 2

Modifications

Section 2 (extended meaning of “sale” etc.)

In subsection (1), for “this Act” substitute “the Caseins and Caseinates (Wales) Regulations 2016”. In subsection (2), for “this Act” substitute “the Caseins and Caseinates (Wales) Regulations 2016”.

Section 3 (presumptions that food intended for human consumption)

In subsection (1), for “this Act” substitute “the Caseins and Caseinates (Wales) Regulations 2016”

Section 20 (offences due to fault of another person)

For “any of the preceding provisions of this Part” substitute “section 10(2), as applied by regulation 8 of the Caseins and Caseinates (Wales) Regulations 2016”

Section 21(1) and (5) (defence of due diligence)

In subsection (1), for “any of the preceding provisions of this Part” substitute “section 10(2), as applied by regulation 8 of the Caseins and Caseinates (Wales) Regulations 2016”

Section 30(8) (evidence of certificates given by a food analyst or examiner)

For “this Act” substitute “the Caseins and Caseinates (Wales) Regulations 2016”

Section 33 (obstruction etc. of officers)

In subsection (1), for “this Act” (in each place occurring) substitute “the Caseins and Caseinates (Wales) Regulations 2016”

Section 35(1)9 and (2)10 (punishment of offences)

In subsection (1), after “section 33(1) above”, insert “, as applied and modified by regulation 8 of, and Schedule 5 to, the Caseins and Caseinates (Wales) Regulations 2016”

After subsection (1), insert—

1A

 A person guilty of an offence under section 10(2), as applied by regulation 8 of the Caseins and Caseinates (Wales) Regulations 2016, is liable, on summary conviction, to a fine.

In subsection (2) for “any other offence under this Act” substitute “an offence under section 33(2), as applied by regulation 8 of, and Schedule 5 to, the Caseins and Caseinates (Wales) Regulations 2016”

Section 36 (offences by body corporate)

In subsection (1), for “this Act” substitute “section 10(2), as applied by regulation 8 of the Caseins and Caseinates (Wales) Regulations 2016”

Section 36A11 (offences by Scottish partnerships)

For “this Act” substitute “section 10(2), as applied by regulation 8 of the Caseins and Caseinates (Wales) Regulations 2016”

Section 37(1), (3), (5) and (6) (appeals)

For subsection (1) substitute—

1

Any person who is aggrieved by a decision of an authorised officer of a food authority to serve an improvement notice under section 10(1), as applied and modified by regulation 8 of the Caseins and Caseinates (Wales) Regulations 2016, may appeal to a magistrates’ court.

For subsection (5) substitute—

5

The period within which such an appeal as is mentioned in subsection (1) above may be brought shall be—

  • one month from the date on which notice of the decision was served on the person

  • desiring to appeal; or

  • the period specified in the improvement notice,

  • whichever ends the earlier; and in the case of such an appeal, the making of the complaint shall be deemed for the purposes of this subsection to be the bringing of the appeal.

In subsection (6)—

for “(3) or (4)” substitute “(1)”, and

in paragraph (a), omit “or to the sheriff”.

Section 39 (appeals against improvement notices)

For subsection (1) substitute—

1

On an appeal against an improvement notice served under section 10(1), as applied and modified by regulation 8 of the Caseins and Caseinates (Wales) Regulations 2016, the magistrates’ court may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the court may in the circumstances think fit.

In subsection (3), omit “for want of prosecution”.

Section 44 (protection of officers acting in good faith)

For “this Act” (in each place occurring) substitute “the Caseins and Caseinates (Wales) Regulations 2016”