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The Foods for Specific Groups (Infant Formula and Follow-on Formula) (Scotland) Regulations 2020

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Regulation 5

SCHEDULE 2SModification of provisions of the Act

This schedule has no associated Policy Notes

Commencement Information

I1Sch. 2 in force at 22.2.2020, see reg. 1(1)

Column 1Column 2
Provision of the ActModifications
Section 3 (presumptions that food intended for human consumption)

In sub-section (1), for “this Act” substitute “ the Foods for Specific Groups (Infant Formula and Follow-on Formula) (Scotland) Regulations 2020 ”.

Section 20 (offences due to fault of another person)

For “any of the preceding provisions of this Part” substitute “ the Foods for Specific Groups (Infant Formula and Follow-on Formula) (Scotland) Regulations 2020 ”.

Section 21 (defence of due diligence)

In sub-section (1), for “any of the preceding provisions of this Part” substitute “ the Foods for Specific Groups (Infant Formula and Follow-on Formula) (Scotland) Regulations 2020 ”.

Section 22 (defence of publication in the course of business)

In sub-section (1), for “any of the preceding provisions of this Part” substitute “ the Foods for Specific Groups (Infant Formula and Follow-on Formula) (Scotland) Regulations 2020 ”.

Section 29 (procurement of samples)

In paragraph (b)(ii), after “under section 32 below”, insert “ including under section 32 as applied and modified by regulation 5 and schedule 2 of the Foods for Specific Groups (Infant Formula and Follow-on Formula) (Scotland) Regulations 2020 ”.

Section 30 (analysis etc. of samples)

In sub-section (1), after “under section 29 above”, insert “ including under section 29 as applied and modified by regulation 5 and schedule 2 of the Foods for Specific Groups (Infant Formula and Follow-on Formula) (Scotland) Regulations 2020 ”.

In sub-section (8), for “this Act” substitute “ the Foods for Specific Groups (Infant Formula and Follow-on Formula) (Scotland) Regulations 2020 ”.

Section 32 (powers of entry)

In sub-section (1), for paragraphs (a) to (c) substitute “ (a) to enter any premises within the authority's area for the purpose of ascertaining whether there has been any contravention of a specified EU law requirement (as defined in regulation 2 of the Foods for Specific Groups (Infant Formula and Follow-on Formula) (Scotland) Regulations 2020), (b) to enter any business premises, whether within or outside the authority's area, for the purpose of ascertaining whether there is on the premises any evidence of any contravention of such a requirement, and (c) when exercising a power of entry under this section, to exercise the associated powers in sub-sections (5) and (6) relating to records ”.

Section 33 (obstruction etc. of officers)

In sub-section (1), for “this Act” (in each place where it occurs) substitute “ the Foods for Specific Groups (Infant Formula and Follow-on Formula) (Scotland) Regulations 2020 ”.

Section 35 (punishment of offences)

In sub-section (1), after “section 33(1) above” insert “ including as applied and modified by regulation 5 and schedule 2 of the Foods for Specific Groups (Infant Formula and Follow-on Formula) (Scotland) Regulations 2020 ”.

In sub-section (2), for “any other offence under this Act” substitute “ an offence under section 33(2) above, as applied and modified by regulation 5 and schedule 2 of the Foods for Specific Groups (Infant Formula and Follow-on Formula) (Scotland) Regulations 2020 ”.

Section 36 (offences by bodies corporate)

In sub-section (1), for “this Act” substitute “ the Foods for Specific Groups (Infant Formula and Follow-on Formula) (Scotland) Regulations 2020 ”.

Section 36A (offences by Scottish partnerships)

For “this Act” substitute “ the Foods for Specific Groups (Infant Formula and Follow-on Formula) (Scotland) Regulations 2020 ”.

Section 44 (protection of officers acting in good faith)

Where it first appears, for “this Act” substitute “ the Foods for Specific Groups (Infant Formula and Follow-on Formula) (Scotland) Regulations 2020 (“the 2020 Regulations”) ”.

On each other occasion where it appears, for “this Act” substitute “ the 2020 Regulations ”.

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