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The Scotch Whisky(Northern Ireland) Order 1988

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Interpretation, orders and consequential amendment

2.—(1) The Interpretation Act (Northern Ireland) 1954(1) shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

“the Department” means the Department of Health and Social Services;

“Scotch whisky” means such whisky (distilled and matured in Scotland) as conforms to a definition of Scotch whisky contained in an order made under this paragraph by the Department;

“sell” includes offering for sale, exposing for sale and having in possession for the purpose of sale;

“whisky” means spirits—

(a)

which have been produced by the distillation of a mash of cereals which has been—

(i)

saccharified by the diastase of the malt contained therein, with or without other natural enzymes; and

(ii)

fermented by the action of yeast,

to an alcoholic strength of less than 94.8 per cent by volume so that the distillate has an aroma and taste derived from the raw materials used; and

(b)

which have matured for at least three years in wooden casks of a capacity not exceeding 700 litres.

(3) The Department may by order amend the definition of whisky in paragraph (2).

(4) Orders made by the Department under this Article or Article 3 shall be subject to negative resolution.

(5) In paragraph 1(b) of Schedule 7 to the Finance Act 1969(2) for the words from the beginning to “in Scotland” there shall be substituted—

(b)the expression “Scotch whisky” shall have the same meaning as it has in Article 2(2) of the Scotch Whisky (Northern Ireland) Order 1988;.

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