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12.—(1) In regulation 18 (defences), after paragraph (3) there shall be added the following paragraphs –
“(4) In any proceedings for an offence for contravening regulations 9A, 10(3)(b), 11(1)(f) or 11A it shall be a defence for the accused to prove that –
(a)the water in respect of which the offence is alleged to have been committed was bottled and marked or labelled before 1st July 2004; and
(b)the matters constituting the alleged offence would not have constituted an offence under these Regulations as they stood immediately before the coming into operation of the Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) Regulations (Northern Ireland) 2004.”.
(2) In regulation 18, after paragraph (4) inserted by paragraph (1) there shall be added the following –
“(5) In any proceedings for an offence for contravening regulations 7A or 10(5)(e) it shall be a defence for the accused to prove that –
(a)the water in respect of which the offence is alleged to have been committed was bottled and marked or labelled, as the case may be, before 1st July 2004; and
(b)the matters constituting the alleged offence would not have constituted an offence under these Regulations as they stood immediately before the coming into operation of the Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) Regulations (Northern Ireland) 2004.”.
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