SCHEDULE 3Application and modification of provisions of the Act
I1PART 2Application and modification of other provisions of the Act
Column 1 Provision of the Act | Column 2 Modifications |
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Section 2 (extended meaning of “sale” etc.) | In subsection (1), for “this Act” substitute “the Condensed Milk and Dried Milk (Wales) Regulations 2018”. In subsection (2), for “This Act” substitute “The Condensed Milk and Dried Milk (Wales) Regulations 2018”. |
Section 3 (presumptions that food intended for human consumption) | In subsection (1), for “this Act” substitute “the Condensed Milk and Dried Milk (Wales) Regulations 2018”. |
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 6(1) of the Condensed Milk and Dried Milk (Wales) Regulations 2018”. |
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 6(1) of the Condensed Milk and Dried Milk (Wales) Regulations 2018”. |
Section 29 (procurement of samples) | After the words “enforcement authority”, insert “, when carrying out duties under this section in relation to the Condensed Milk and Dried Milk (Wales) Regulations 2018, must exercise and perform those duties in accordance with the methods described in the Annex to First Commission Directive 87/524/EEC laying down Community methods of sampling for chemical analysis for the monitoring of preserved milk products16 and”. |
Section 30(8) (analysis etc. of samples) | For “this Act” substitute “the Condensed Milk and Dried Milk (Wales) Regulations 2018”. In sub-paragraph (a) omit “under subsection (6) above”. |
Section 33 (obstruction etc. of officers) | In subsection (1), for “this Act” (in each place where it occurs) substitute “the Condensed Milk and Dried Milk (Wales) Regulations 2018”. |
In subsection (1), after “section 33(1) above”, insert “, as applied and modified by regulation 6(2) of, and Part 2 of Schedule 3 to, the Condensed Milk and Dried Milk (Wales) Regulations 2018”. After subsection (1), insert—
In subsection (2), for “any other offence under this Act” substitute “an offence under section 33(2), as applied by regulation 6(2) of, and Part 2 of Schedule 3 to, the Condensed Milk and Dried Milk (Wales) Regulations 2018,”. | |
Section 36 (offences by bodies corporate) | In subsection (1), for “this Act” substitute “section 10(2), as applied by regulation 6(1) of the Condensed Milk and Dried Milk (Wales) Regulations 2018,”. |
Section 36A19 (offences by Scottish partnerships) | For “this Act” substitute “section 10(2), as applied by regulation 6(1) of the Condensed Milk and Dried Milk (Wales) Regulations 2018,”. |
Section 37(1), (3), (5) and (6) (appeals to magistrates’ court) | For subsection (1) substitute—
For subsection (5) substitute—
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—
In subsection (3), omit “for want of prosecution”. |
Section 44 (protection of officers acting in good faith) | For “this Act” (in each place where it occurs) substitute “the Condensed Milk and Dried Milk (Wales) Regulations 2018”. |
Sch. 3 Pt. 2 in force at 26.3.2018, see reg. 1(3)