Search Legislation

Food (Scotland) Act 2015

Status:

This is the original version (as it was originally enacted).

49Power to make supplementary etc. provision

This section has no associated Explanatory Notes

(1)The Scottish Ministers may by regulations make such supplementary, incidental or consequential provision as they consider appropriate in connection with fixed penalty notices and compliance notices and the carrying out by enforcement authorities and their authorised officers of functions under this Part.

(2)Regulations under subsection (1) may, in particular, include provision—

(a)facilitating, prohibiting or restricting—

(i)the issuing of a fixed penalty notice or compliance notice in respect of a relevant offence arising out of an act or omission in cases where another sanction has been issued or imposed in respect of the same act or omission,

(ii)the issuing or imposing of another sanction in respect of an act or omission in cases where a fixed penalty notice or compliance notice has been issued in respect of a relevant offence arising out of the same act or omission,

(b)for early payment discounts in relation to fixed penalty notices,

(c)applying with modifications, or making provision equivalent to, any of the following provisions of the 1990 Act

(i)section 20 (offences due to fault of another person),

(ii)section 21 (defence of due diligence),

(iii)section 30(8) (documentary evidence in proceedings for offences),

(iv)section 32 (powers of entry),

(v)section 33 (obstruction etc. of officers),

(vi)section 34 (time limit for prosecutions),

(vii)section 36 (offences by bodies corporate),

(viii)section 36A (offences by partnerships),

(ix)section 40 (power to issue codes of practice),

(x)section 45 (regulations as to charges),

(xi)section 49(3) to (5) (authentication of documents),

(xii)section 50 (service of documents).

(3)Regulations under subsection (1) containing provision referred to in subsection (2)(a) may also make such modifications of sections 38 and 45 as the Scottish Ministers consider necessary or expedient in relation to the case mentioned in subsection (4).

(4)That case is where, in consequence of the provision, a person has been issued with both a fixed penalty notice and a compliance notice in relation to the same relevant offence arising out of the same act or omission.

(5)But the provision which may be made by virtue of subsection (3) does not include provision which has the effect that the person may still be convicted of the offence if the person both—

(a)makes payment in accordance with the fixed penalty notice, and

(b)complies with the requirements of the compliance notice or though failing to comply, does not, by virtue of subsection (2) of section 44, commit an offence under subsection (1) of that section in relation to the notice.

(6)In subsection (2)(a), “another sanction” means—

(a)a fixed penalty notice (in relation to a compliance notice),

(b)a compliance notice (in relation to fixed penalty notice),

(c)an improvement notice under section 10 of the 1990 Act,

(d)an emergency prohibition notice or an emergency prohibition order under section 12 of the 1990 Act, and

(e)an emergency control order under section 13 of the 1990 Act.

(7)The Scottish Ministers may by regulations modify subsection (6).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources