Joint Committee on Statutory Instruments Thirteenth Report


Memorandum by the Ministry of Agriculture, Fisheries and Food

Common Agricultural Policy (Wine) (England and Northern Ireland)
Regulations 2001 (S.I. 2001/686)

1. The Committee has requested a memorandum on the following point:

    Is "move" in regulations 8 and 20(2) intended to be understood in its literal sense, and if not, why does not regulation 8(2)(b) require the notice to specify the degree of movement which is prohibited?

2. The Ministry considers that "move" in regulations 8 and 20(2) is to be interpreted literally. This accords with the Ministry's intention. The power to prohibit the movement of wine in a literal sense is necessary to ensure that authorised officers can see on a relatively cursory examination whether a consignment of wine which is subject to such a prohibition remains where it was and so that bulky consignments are not rearranged in a way which makes it necessary for officers to recount large numbers of crates. Where wine is subject to a prohibition, no offence is committed if it is moved with the written consent of an authorised officer (regulation 20(1)) and, in cases where the officer is made aware, before placing wine under a prohibition, that it will need to be moved to another spot, he can defer imposing the prohibition until that has been done.

3. Consideration is, however, being given to whether it would be appropriate to allow greater latitude by amending regulation 8(1) so that it confers power to prohibit the movement of wine from such place as the authorised officer may specify in writing.

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