This Scottish Statutory Instrument has been made in consequence of a defect in S.S.I. 2003/569 and is being issued free of charge to all known recipients of that instrument.

Scottish Statutory Instruments

2005 No. 307

FOOD

The Honey (Scotland) Amendment Regulations 2005

Made

6th June 2005

Laid before the Scottish Parliament

7th June 2005

Coming into force

31st August 2005

The Scottish Ministers, in exercise of the powers conferred by sections 16(1)(e), 17(1), 26(1) and (3) and 48(1) of the Food Safety Act 1990(1), having had regard in accordance with section 48(4A)(2) of that Act to relevant advice given by the Food Standards Agency, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Honey (Scotland) Amendment Regulations 2005 and shall come into force on 31st August 2005.

Amendments to the Honey (Scotland) Regulations 2003

2.  The Honey (Scotland) Regulations 2003(3) are amended in accordance with regulation 3.

3.  In the Notes to Schedule 1–

(a)in Note 1 for “and 6” substitute “, 6 and 7”; and

(b)in Note 3(i) for “physicochemical” substitute “physico-chemical”.

RHONA BRANKIN

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

6th June 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations which extend to Scotland only, amend the Honey (Scotland) Regulations 2003 (S.S.I. 2003/569).

These Regulations add to Note 1 to Schedule 1 a type of honey for which the description “honey” may be used in place of the reserved description, and correct a spelling error in Note 3 to that Schedule.

No Regulatory Impact Assessment has been prepared as the Regulations do not result in any costs to businesses.

(1)

1990 c. 16; section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990; sections 16(1) and 48(1) were amended by the 1999 Act, Schedule 5, paragraph 8; section 17(1) was amended by the Food Standards Act 1999 (“the 1999 Act”), Schedule 5, paragraphs 8 and 12; section 26(3) was amended by the 1999 Act, Schedule 6: section 48(4) is disapplied in respect of these Regulations by virtue of section 48(4C) which was inserted by S.I. 2004/2990; amendments made by Schedule 5 of the 1999 Act shall be taken as pre-commencement enactments for the purposes of the Scotland Act 1998 (c. 46) (“the 1998 Act”) by virtue of section 40(2) of the 1999 Act. The functions of the Secretary of State insofar as within devolved competence were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Insofar as not so transferred, those functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849).

(2)

Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the 1999 Act.