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Application and modification of provisions of the ActS

18.—(1) Sections 3, 20, 21, 30(8), 33, 35(1), 36, 36A and 44 of the Act apply, with the modifications specified in paragraph (2), for the purposes of these Regulations.

(2) The modifications are—

(a)in section 3(1) (presumptions that food is intended for human consumption) for “this Act” substitute “ the Honey (Scotland) Regulations 2015 ”;

(b)in section 20 (offences due to fault of another person) for “any of the preceding provisions of this Part” substitute “ regulation 17 of Honey (Scotland) Regulations 2015 ”;

(c)in section 21 (defence of due diligence) M1

(i)in subsection (1) for “any of the preceding provisions of this Part” substitute “ regulation 17 of the Honey (Scotland) Regulations 2015 ”; and

(ii)subsections (2) to (4) apply in relation to an offence under regulation 17 as they apply in relation to an offence under section 8, 14 or 15 of the Act;

(d)in section 30(8) (evidence of certificates given by a food analyst or examiner) for “this Act” substitute “ the Honey (Scotland) Regulations 2015 ”;

(e)in section 33(1) (obstruction etc. of officers) for “this Act” (in each place where it occurs) substitute “ the Honey Regulations (Scotland) 2015 ”;

(f)in section 35(1) (punishment of offences) for “section 33(1)” substitute “ the Honey (Scotland) Regulations 2015 ”;

(g)in section 36(1) (offences by bodies corporate) for “this Act” substitute “ the Honey (Scotland) Regulations 2015 ”;

(h)in section 36A(1) (offences by Scottish partnerships) M2 for “this Act” substitute “ the Honey (Scotland) Regulations 2015 ”; and

(i)in section 44 (protection of officers acting in good faith) for “this Act” substitute “ the Honey (Scotland) Regulations 2015 ”.

Marginal Citations

M2Section 36A(1) was inserted by paragraphs 7 and 16 of Schedule 5 to the Food Standards Act 1999 (c.28).