UK Offence Report

The Spirit Drinks, Wine and European Union Withdrawal (Consequential Modifications) (Amendment) (EU Exit) Regulations 2020

UK Statutory Instrument 2020 No. 1636 — creates 3 criminal offences.

3offences created
0recorded in force
0revoked
Made
23 December 2020
In force from
Not determined
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
Made under
Direct Payments to Farmers (Legislative Continuity) Act 2020, European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations amend the Spirit Drinks Regulations 2008 (S.I. 2008/3206), the Wine Regulations 2011 (S.I. 2011/2936) and the European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 (S.I. 2020/1447). Regulation 2 makes amendments to the Spirit Drinks Regulations 2008 in relation to the enforcement of Commission Regulation (EC) No 936/2009 applying the agreements between the European Union and third countries on the mutual recognition of certain spirit drinks (OJ No. L 264, 8.10.2009, p. 5). This includes an amendment making the contravention of Article 1 of Commission Regulation (EC) No 936/2009 an offence (regulation 2(3)). Regulation 3 makes amendments to the Wine Regulations 2011 in relation to the enforcement of Commission Regulation (EC) No 1416/2006 laying down specific rules on the implementation of Article 7(2) of the Agreement between the European Community and the United States of America on trade in wine concerning the protection of US names of origin in the Community (OJ No. L 267, 27.9.2006, p. 22). This includes an amendment making the contravention of the first sentence of Article 1 of Commission Regulation (EC) No 1416/2006, as read with regulation 6A(2) of the Wine Regulations 2011 (inserted by regulation 3(5)), an offence (regulation 3(11)(a)). Regulation 4 makes amendments to the European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 to exclude non-ambulatory references in legislation which relates to direct payments from the interpretative provision in the new paragraph 2A of Schedule 8 to the European Union (Withdrawal) Act 2018 (c. 16). This maintains the existing position regarding such references. An Impact Assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Procedure
Made negative — law unless a motion to stop it succeeded
Could either House amend it?
No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.

Procedural history

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

Check the source