Statutory Instrument 1995 No. 484 (S.33)

The Spirit Drinks (Scotland) Amendment Regulations 1995

---

© Crown Copyright 1995

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Spirit Drinks (Scotland) Amendment Regulations 1995, ISBN 0110548884. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1995 No. 484 (S.33)

FOOD

The Spirit Drinks (Scotland) Amendment Regulations 1995

The Secretary of State, in exercise of the powers conferred on him by section 17(2) of the Food Safety Act 1990^[1], and being one of the Ministers designated^[2] for the purposes of section 2(2) of the European Communities Act 1972^[3] in relation to measures relating to the description of and other requirements relating to spirit drinks, in exercise of the powers conferred on him by the said section 2(2) (as read with section 3(3) of the European Economic Area Act 1993^[4] (save for paragraph (a) thereof)), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, extent and commencement
    1.    These Regulations may be cited as the Spirit Drinks (Scotland) Amendment Regulations 1995, shall extend to Scotland only and shall come into force on 3rd April 1995.

Amendments to the Spirit Drinks (Scotland) Regulations 1990
    2.—(1)  The Spirit Drinks (Scotland) Regulations 1990^[5] shall be amended in accordance with the following paragraphs of this Regulation.

    (2)  In regulation 2(1) (interpretation)—
 (a) after the definition of "the Act" there shall be inserted the following definition:—
""the Commission Regulation" means Commission Regulation (EEC) No.1014/90 laying down detailed implementing rules on the definition, description and presentation of spirit drinks^[6], as amended by Commission Regulation (EEC) No.1180/91^[7], Commission Regulation (EEC) No.1781/91^[8], Commission Regulation (EEC) No.3458/92^[9], Commission Regulation (EC) No.2675/94^[10]) (as corrected at OJ No.L28, 7.2.95, p.14) and Chapter XXVII of Annex II to the European Economic Area Agreement;" ;

 (b) for the definition of "the Council Regulation" the following definition shall be substituted:—
""the Council Regulation" means Council Regulation (EEC) No.1576/89 laying down general rules on the definition, description and presentation of spirit drinks^[11] (as corrected at OJ No.L223, 2.8.89, p.27), as amended by Council Regulation (EEC) No.3280/92^[12] and Chapter XXVII of Annex II to the European Economic Area Agreement;" ;

 (c) after the definition of "the Council Regulation" there shall be inserted the following definition:—
""the European Economic Area Agreement" has the same meaning as does "the Agreement" in section 6(1) of the European Economic Area Act 1993;" ; and

 (d) for the definition of "specified Community provision" the following definition shall be substituted:—
""specified Community provision" means—
(a) any provision of the Council Regulation—
(i) which is specified in column 1 of Part I of the Schedule to these Regulations, and

(ii) whose subject-matter is specified in the corresponding entry in column 2 of that Part;

(b) any provision of the Commission Regulation—
(i) which is specified in column 1 of Part II of the Schedule to these Regulations, and

(ii) whose subject-matter is specified in the corresponding entry in column 2 of that Part; and

(c) Article 1(1) of Commission Regulation (EC) No.1267/94 applying the agreements between the European Union and third countries on the mutual recognition of certain spirit drinks^[13]" .


    (3)  Regulation 3(3) (enforcement) shall be revoked.

    (4)  Regulation 4 (powers of authorised officers) shall be revoked.

    (5)  In regulation 5(2) (offences and penalties)—
 (a) for the phrase "Article 1" there shall be substituted the phrase "Article 1(4)"; and
 (b) after the word "beverages" there shall be inserted the phrase ", as amended by Commission Regulation (EEC) No.1759/90^[14], Commission Regulation (EEC) No.3207/90^[15] and Commission Regulation (EEC) No.3750/90^[16],".

    (6)  For the Schedule there shall be substituted the Schedule set out in the Schedule to these Regulations.

Exclusion of the operation of section 3(1) of the European Economic Area Act 1993
    3.    The operation of section 3(1) of the European Economic Area Act 1993 is hereby excluded insofar as it would otherwise apply in relation to the definition for which another is substituted by regulation 2(2)(b) of these Regulations.

Hector Monro

Parliamentary Under Secretary of State, Scottish Office
St Andrew's House, Edinburgh

27th February 1995

[1] 1990 c. 16; section 4(1) contains a definition of "the Ministers" relevant to the exercise of the statutory powers under which these Regulations are made. back

[2] S.I. 1989/1327. back

[3] 1972 c. 68. back

[4] 1993 c. 51. back

[5] S.I. 1990/1196, amended by S.I. 1990/2625. back

[6] OJ No.L105, 25.4.90, p.9. back

[7] OJ No.L115, 8.5.91, p.5. back

[8] OJ No.L160, 25.6.91, p.5. back

[9] OJ No.L350, 1.12.92, p.59. back

[10] OJ No.L285, 4.11.94, p.5. back

[11] OJ No.L160, 12.6.89, p.1. back

[12] OJ No.L327, 13.11.92, p.3. back

[13] OJ No.L138, 2.6.94, p.7. back

[14] OJ No.L162, 28.6.90, p.23. back

[15] OJ No.L307, 7.11.90, p.11. back

[16] OJ No.L360, 22.12.90, p.40. back

Explanatory Note