The Windsor Framework (Financial Assistance) (Marking of Retail Goods) Regulations 2023
| Jurisdiction | UK Non-devolved |
| Year | 2023 |
| Citation | SI 2023/956 |
2023 No. 956
Exiting The European Union
The Windsor Framework (Financial Assistance) (Marking of Retail Goods) Regulations 2023
Made 1st September 2023
Laid before Parliament 4th September 2023
Coming into force 1st October 2023
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8C (1) and (2) of, and paragraph 21 of Schedule 7 to, of the European Union (Withdrawal) Act 20181.
In making these Regulations the Secretary of State has had special regard to the matters listed in section 46 of the United Kingdom Internal Market Act 20202.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Windsor Framework (Financial Assistance) (Marking of Retail Goods) Regulations 2023.
(2) These Regulations come into force on 1st October 2023.
(3) These Regulations extend to England and Wales, Scotland, and Northern Ireland.
Interpretation
2. In these Regulations—
“SPS Regulation” means Regulation (EU) 2023/1231of the European Parliament and of the Council on specific rules relating to the entry into Northern Ireland from other parts of the United Kingdom of certain consignments of retail goods, plants for planting, seed potatoes, machinery and certain vehicles opted for agricultural or forestry purposes, as well as non-commercial movements of certain pet animals into Northern Ireland3;
“agreement” means an agreement between the Secretary of State and a person establishing the conditions under which the Secretary of State agrees to give financial assistance to that person under the financial assistance scheme;
“agreement holder” means a person who has entered into an agreement or—
(a) a personal representative of that person in the event of that person’s incapacity or death; or
(b) where applicable for the purposes of complying with or enforcing any obligation under these Regulations, an employee or agent of that person in so far as that employee or agent is acting or has acted for or on behalf of that person in connection with that agreement;
“financial assistance” means financial assistance given under the financial assistance scheme;
“financial assistance scheme” has the meaning given in regulation 3.
Secretary of State’s power to give financial assistance
3.—(1) These Regulations establish the Windsor Framework Transitional Labelling Financial Assistance Scheme (the “financial assistance scheme”).
(2) Under the financial assistance scheme, the Secretary of State may give or arrange for the giving of financial assistance to a person in respect of expenditure incurred or to be incurred in order to comply with the marking of retail goods requirements set out in Article 6(1)(a) of, and Annex IV to, the SPS Regulation.
(3) Financial assistance may be given by way of grant, loan or guarantee or in any other form.
(4) The Secretary of State may—
(a)
(a) determine and publish eligibility criteria for financial assistance;
(b)
(b) impose requirements on applicants for financial assistance, for example as to—
(i) the form and manner of an application, and
(ii) the information or evidence that is to be provided in support of an application;
(c)
(c) take into account any further matters that the Secretary of State considers appropriate in deciding whether to make an offer of financial assistance, including the availability of funds;
(d)
(d) make an offer of financial assistance subject to such conditions as the Secretary of State considers appropriate including requirements to—
(i) enter into an agreement with the Secretary of State, and
(ii) comply with the terms of such an agreement.
Delegation
4.—(1) The Secretary of State may delegate functions relating to the giving of financial assistance to any other person.
(2) Functions delegated under paragraph (1) may include—
(a)
(a) the giving of guidance; and
(b)
(b) the exercise of discretion.
(3) References to the Secretary of State in regulations 3(4) and 5 to 11 include a person to whom the Secretary of State has delegated functions under this regulation.
(4) Before delegating a function under paragraph (1) the Secretary of State must obtain the consent of—
(a)
(a) the Scottish Ministers, if the function is being delegated as regards its exercise in relation to Scotland;
(b)
(b) the Welsh Ministers, if the function is being delegated as regards its exercise in relation to Wales.
Provision of information
5. An agreement holder must supply, in such a manner and at such times as the Secretary of State may specify, such information or evidence as the Secretary of State may require for the purposes of:
(a) checking whether the eligibility criteria for receipt of financial assistance are met; and
(b) verifying compliance with conditions subject to which financial assistance is given.
Breaches of conditions for financial assistance
6.—(1) The Secretary of State may determine in relation to financial assistance given under these Regulations that a person given financial assistance—
(a)
(a) has made an error in their application;
(b)
(b) has at any time given false or misleading information to the Secretary of State;
(c)
(c) has misused or...
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